Shareholders’ Rights And Interests Protection Research In Bankruptcy Reorganization System

Reorganization system as bankruptcy liquidation and reconciliation, one of thethree largest bankruptcy system, is an active effort to save the debtor and promote thebankruptcy prevention system of Renaissance. The bankruptcy law of valueorientation from the personal standard to social standard. The purpose of restructuringis by adjusting the interests of creditor, shareholders and other stakeholders, thedebtor relationship, to save the firms which has already in trouble.Shareholders as one of the main stakeholders of corporate restructuring, has allkinds of rights based on the investments, in practice, the company can even bethought to be seeking to maximize shareholder interests as the starting point andultimate goal. But the reorganization of the company, after all, is not under normalconditions of the company,can no longer in pursuit of shareholder valuemaximization as the goal, and should be coordinated with the interests of all parties,united players from all over the world to save enterprise as the goal. Therefore, therights that can urge shareholders actively participate in the restructuringprocess,should be clearly given by the law;however, rights of the shareholders basedon company law or other laws, which are not conducive to the interests of the partiesto participate in the main body of the reforming of coordination, hinder the normalconduct of reorganization process and reforming goals of rights, must belimited.Through the comparative analysis and empirical analysis method,this article is based on the related regulations of the enterprise bankruptcy law in our country, tostudy and analyze company shareholder rights in the restructuring,.It is divided intofive parts:The first part, first of all, analysis of the debtor’s shareholder’s interest’s demandsin the bankruptcy reorganization system from the perspective, such as economy,society, system, reorganization system protection value；The second part discuss the status of shareholders debtors in bankruptcyreorganization from the extraterritorial legislation cases, legal basis and realisticfoundation, as the basis of defining the shareholder rights;The third and fourth part, revolve the debtor shareholder rights and restrictions,the reorganization right, reforming the draft of the voting rights, reformingsupervision rights, etc. Specific analysis, and dividend such as distribution toshareholders, the equity transfer power to a certain degree of limitations, to protect theinterests of the creditors, and to achieve the goal of reforming system.The fifth part analyzes the new "enterprise bankruptcy law in China about theprovisions of the shareholders’ rights, In view of the existing problems, Iconsummates our country law to the shareholders’ rights in the restructuring proposal.