Research On The Law Regulation Of Reorganization System Of Individual Proprietorship Enterprises

Individual proprietorship enterprises are an old enterprise. As the partnership enterprises and the incorporated enterprises, they constituted main types of the modern enterprises. Individual proprietorship enterprises have an irreplaceable position in the economy and it is an indispensable type of enterprises in the market players. Reorganization is a system that save the troubled enterprises, it has developed in practice gradually nearly a century. Reorganization started late in our country, so our understanding of it is not comprehensive. Its function remains to be further discover. The reorganization system basically contains the major types of enterprises in the market, and other nations legislate or revise the relevant law of reorganization in order to expand function of reorganization to Individual proprietorship enterprises and the partnership enterprises. For our country, the individual enterprises are important market players and our system of reorganization needs to develop. So the individual enterprises are important object that we can select in the process of development. This article tries research the reorganization system of the individual enterprises, in order to discuss that expanding the scope of application of the reorganization system in China.This article is divided into five parts. The first part separately defines the individual proprietorship enterprises and the reorganization system, in order to determine the concept, the types and the position of the individual proprietorship enterprises. To the orientation of reorganization, this article analyzes its connotation and legal features, then determine the our research object. The second part discusses the ability to reorganization of the individual proprietorship enterprises. First of this part, this article introduces the legislative experiences in other countries and regions. Second of this part, it clears the way for individual proprietorship enterprises to gain the ability to reorganization. Finally, this article analyzes the fuzzy attitudes of individual proprietorship enterprises apply to reorganization of our lawmakers. In this part, the author introduces and discuss the evolution of our understanding about the applicable objects of reorganization, our rules that refer to the ability to bankrupt and liquidate, and our fuzzy rules concerning the ability to restruct of an individual proprietorship enterprise, then the author shows his point of these issues. The third part researches the theoretical basis and the values of law of the reorganization of the individual proprietorship enterprises. First of this part, the author discusses Social Policy Theory, Going-concern value Theory, Share a ceommon Interest Theory, Transaction Cost Theory and Principal-agent Theory. These theories provide a theoretical basis for us to study the reorganization system of the individual proprietorship enterprises. Second, this article analyzes some values of law of the reorganization system of the individual proprietorship enterprises, such as order, fairness, efficiency, justice and so on. Then we can seek value of the reorganization system of the individual proprietorship enterprises and make us analysis the system though the rational. The fourth part introduces legal process of restructing of the individual proprietorship enterprises and analysis of the pros and cons of the procedures of other countries. This part respectively introduces and analyzes related problems in the judicial reforming process. This part analysis and puts forward our points concerning to start reorganization procedure and formulation and modification, voting and approval, execution and supervision of reorganization plan. The fifth part puts forward some suggestions for us to build the system of reorganization of the individual proprietorship enterprises. This part demonstrates the necessity and feasibility of building this system and raises concrete methods and supporting measures that we can adopt or establish.