On The Balance Problems In The Interests Of Shareholders And Creditors In The Bankruptcy Reorganization

Bankruptcy and reorganization is our new introduction of legal system, It in a positive rescue is on the verge of bankruptcy of enterprise reconstruction for the purpose,In order to realize the social overall interests as its value goal, To balance the reorganization of the interests of the parties interested party as own duty in a preventive system of bankruptcy law. reorganization the company resource scarcity and limited, so there is a multi-party conflict of interest, which involves a conflict between shareholders and creditors and the debtor, and the interpretation of the most intense competing interests between shareholders and creditors, How to balance between the parties to a conflict of interest are important issues need to be addressed in the bankruptcy law, The main problem is to be solved in this paper,It reads as follows:The first part of the company’s bankruptcy reorganization involves concepts and features of the system. The theoretical basis of the system and the system value of the reorganization. The balance of interests is an important content of the bankruptcy reorganization system, the part in the final of the theory of the balance of interests in the reorganization system.The second part is mainly elaborated form of the performance by the shareholders and creditors in the reorganization of conflict of interest, The performance of a wide variety of conflict in the reorganization process. In the entire process of reorganization, Therefore, the interest of the shareholders and creditors showing the shift in the state.The third part is the idea put forward by the relief of the interests of the shareholders and creditors, and a balance of interests. Recommended the establishment of a shareholder and creditors involved in the restructure plan, organization of court hearings and relief system of disclosure of information to shareholders and creditors in the restructuring of damaged rights; Make them benefit balance.Conclusion part is the author own attitude and idea, and the interests of the shareholders and creditors in the restructuring process carries on the summary of the conflict and balance. Bankruptcy reorganization system in China is not very perfect, there are still many gaps to fill. The existing legal system and judicial explanation is not sufficient to solve the legal problems in practice. Urgently need a new judicial interpretation issued to solve the problem of reorganization in conflict. To perfect the bankruptcy reorganization system is critical to balance the conflicting interests of shareholders and creditors. Only balance the conflicts of interest can also make restructuring more smoothly. Effectively protect the interests of all parties and realize the value of the society as a whole.