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Of China 's Bankruptcy Reorganization Proceedings In The System

Posted on:2012-09-02Degree:MasterType:Thesis
Country:ChinaCandidate:Y JiFull Text:PDF
GTID:2216330371954105Subject:Law
Abstract/Summary:PDF Full Text Request
Reorganization, a newly introduced system to China's Enterprise Bankruptcy Law, is to help debtors who's likely or has occurred bankruptcy but still hoped to be rescued, under the help of mandatory law and the creditors and the debtor formulate a plan under which the debtor pays a portion of his or her debts and is discharged of the remainder, in case debtors were allowed to continue in business. Reorganization as an important part of the bankruptcy law system, has been used for most market economies. Its implementation, to make up for the settlement of bankruptcy and, to prevent social problems caused by major companies'bankruptcy, has an irreplaceable role.Based on the research of the number of domestic and foreign works on the Bankruptcy Reorganization, involving theoretical results and the legislative situation of reorganization in different countries in the world, and based on some theory of bankruptcy reorganization, this paper makes China's bankruptcy law and related laws as the main basis, sort the procedures of reorganization. This paper does research to the three steps of reorganization, which are REORGANIZATION APPLY, REORGANIZATION PERIOD and EXECUTEREORGANIZATION PLAN and, concludes the elements which made reorganization into liquidation, in order to help law-workers know clearly about the organization procedure in China's bankruptcy law.In this paper, reorganization procedures are divided into "①Reorganization apply②R eorganization determination③Submit reorganization-plan-draft④Vote for reorganization -plan-draft⑤P ass reorganization-plan⑥A pprove reorganization-plan,⑦Execute reorganization-plan⑧Stop executing reorganization-plan (Executive reorganization plan is completed) "eight steps and, does research on each step.By the research of China's reorganization procedure, I hope our legislators give high level of attention to the Reorganization of China's Bankruptcy law, and collect as much information of our judicial practice and the corporate status, to develop more in line with China's national conditions of Bankruptcy Reorganization:legislators should stand a fair and independent point of view, judiciary should strictle accordance with the insolvency law, and should not intervene in the actual operations and the adjustment of debts; creditors the debtor and other stakeholders should from their own interests, strictly vote or against the reorganization plan, in good faith to complete the bankruptcy reorganization.
Keywords/Search Tags:Bankruptcy, Reorganization, procedural law
PDF Full Text Request
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