The Discussion Onthe Institution Of Bankruptcy And Reorganization In China

Corporate restructuring as a procedure system has been developing for a long history.It was established to save the brink of bankruptcy by the world,and it played an important role in safeguarding creditors, investors and the interests of workers, protecting the social stability. Bankruptcy reorganization as a modern enterprise system, has gradually become a major legal system which is reconstructed to prevent bankruptcy following the bankruptcy settlement system by the market economy countries,and it is the general trend of national legislation and reforms .The "PRC Enterprise Bankruptcy Law", came into force on June 1, 2007 in China, making the official bankruptcy reorganization included the scope of legal regulation in our country, is to bring a new atmosphere among the bankruptcy system. After three years of implementation, we have saw in the judicial practice the bankruptcy restructuring system brought the new life to the brink of bankruptcy companies, and we witnessed many enterprises achieved a revival through restructuring. However, community is developing and reforming in constant depth with the implementation of the "bankruptcy law", bankruptcy and reorganization arised a number of problems in the theory and practice,and and brought the legislative and judicial challenges which. they were urgently needed to solve.It's the imperative that we should understand the bankruptcy reorganization system and how to complete to prevent bankruptcy, promote difficult business to regeneration. This paper is divided into four parts, the first includs the framework of Bankruptcy Reorganization and characteristics, focusing on bankruptcy and restructuring of our general framework of the system, and analyzing the characteristics of the system and the restructuring of old and new "bankruptcy law" in the consolidation and restructuring changes . In the second part ,I analyze in-depth of China's Bankruptcy Reorganization problems and reasons, and then in the third part ,I learn the bankruptcy Reorganization of the legislation and its historical evolution of the United States, Britain, France, Germany and other developed countries .The fourth part, aimed at the problems, I put out some advice to improve and perfect our countrry's bankruptcy reorganization. I expect it can enable the bankruptcy reorganization in further optimized, play a more functional and the promotion of healthy social and economic development.