Study On The Balance Of Interests In Reorganization

Through the Enterprise Bankruptcy Law, the system of reorganization have be established. Reorganization is very active in saving enterprise out of hard operation and promoting the overall social benefit maximization. It makes up for the defects of enterprise bankruptcy in our country's legal system and promote the law improvement and progress. Bankruptcy reorganization is a long and risky save engineering, every link of stakeholders involved in numerous, and its interest demand each are not identical with a lot of contradiction. But these contradictions are not absolutely irreconcilable. There will be a balance which could deal with the conflict of different interests between the stakeholders, and then it will lead enterprises to rebirth, make the reorganization into success. Therefore, wether the system of bankruptcy reorganization make the demands of interest have reasonable arrangements appears very important. Bankruptcy reorganization involves many links like startup, restructuring period, reorganization plan with its formulation and performance etc. In these links, the system not only to cope with fast-changing market economic situation, but also take good care of all parties and stakeholders, therefor, the task is arduous, related matters is various, and the maneuverability of rule of reorganization is highly demanded. Because of lack of judicial practice in the circumstances, the author want through study on developed countries'reorgnization system which is relative complete and feasible, and learn about all kinds of bankruptcy reorganization system theory, make the paper forcus on balancing of interests, consider every link of the system, analyse the sense, and tries to get a more profound understanding to guide practice work.