On Legal System Of Financing In Bankruptcy Reorganization

With the development and in-depth of the China’s marketing economy, bankruptcy reorganization system which can promote the recovery of the corporate to avoid bankruptcy takes an important role in bankruptcy law It has an most important significance in the interests of creditors and the redistribution of social resources.The primarily reasons of companies filed for bankruptcy reorganization is lack the necessary cash flow to support Therefore,the troubled companies in order to reach through the bankruptcy reorganization process to save the business purpose, the first problem to be solved is the financing, it relates to the ability of the business to complete the restructure and revive.Due to the study of bankruptcy reorganization is unsystematic currently,the law only has a general provision.so,the regulations relating to financing in bankruptcy reorganization in this law and the practice are in a backward state.Therefore, based on the study of the theory of the reference related results and the United States, Britain, Japan and other countries bankruptcy of reforming financial system, and on the basis of the existing legislation results from our country, I put forward some legislative suggestions which could perfect our bankruptcy restructuring the financing system.I hope this can have perfection of Chinese system of bankruptcy and reorganization.This thesis includes three parts:Preface, Body and Conclusion. Among which the Body part is composed four chapters:The first chapter:The overview of the legal system of financing in bankruptcy reorganization. This chapter is divided into two sections to do a more detailed introduction of the legal system of financing in bankruptcy reorganization. The first part focuses on bankruptcy financing concepts and features for expositions. The second part is focused on the necessity of establishing bankruptcy reorganization and financing in China. The second chapter:The current situation and evaluation of foreign legal system of financing in bankruptcy reorganization. This chapter is mainly to make a better introduce the legislative situation in three countries on foreign legislation and make comparison and evaluation.The third chapter:The legislative situation and existing problem in our China.This chapter is divided into two parts.The first part is mainly to introduce legislation on financing in bankruptcy reorganization in China, to find shortcomings of the provisions which depends on the basis of foreign legislation in the second chapter Its major problems are:a single way in reforming the financing; the inadequate protection of secured creditors and not providing information disclosure system in bankruptcy and reorganization proceedings. The fourth chapter:Suggestions to perfect our financing in bankruptcy reorganization system suggestion. This chapter is proposed for the inadequacies of the provisions of Chapter III of the perfect proposal First, complement and repair bankruptcy restructuring financing ways. Reform the ways of finance borrowing, the transfer of assets and issuing bonds clearly. Second, strengthen the protection of guarantee creditors’rights. Through the two ways which are Limitation on collateral sanctions and reforming person apply and guaranteeing the creditors special situations of real rights for security authority to strengthen the protection of creditors. Third, increase information disclosure system in the company went bankrupt program. This paper is mainly to research our country reforming the relevant provisions of the financing which is a keywords.Suggest that increase the part of bankruptcy restructuring financing in the future legislative process, to improve our financing in bankruptcy reorganization of bankruptcy law.