Disscussion The Settlement Negotiation Mechanism Under The Non-bankruptcy Procedure Of The Company

"Company law" provisions of article188th, the company cannot pay their debts, should be entered bankruptcy proceedings. However, bankruptcy cost is too high so that the interests of creditors can not be guaranteed. Therefore, the purpose of China’s "company law judicial interpretation (two)" in reference to the system between Japan and China’s Taiwan region after the groundbreaking stipulated settlement negotiation mechanism, is to solve the problem that the company was unable to pay its debts under the circumstances, the creditor to make through negotiation credit, quickly understand the credits and debts, thus the greatest degree to protect the interests of creditors. However, the provisions of the judicial interpretation of the principle too, for compulsory liquidation procedure how to negotiate debt and creditor is applicable in many problems to liquidation of the company have not provided. To improve the settlement negotiation mechanism also need mangy sides. For example, the repayment scheme, and the proposed system design is a series of voting, confirmation, execution, and really play a settlement negotiation mechanism, to protect the interests of creditors.This paper is divided into four parts:The first part of the thesis for the company liquidation content negotiation mechanism and its definition, mainly from three aspects, including the concept of settlement negotiation mechanism, settlement negotiation mechanism, negotiation mechanism characteristics of liquidation system value. The value of settlement negotiation system mainly:save the transaction cost, protect the interests of creditors, improve settlement efficiency.The second part of the thesis is to discharge of negotiation mechanism and other systems, and focused on the difference between the company’s liquidation of negotiation mechanism and bankruptcy liquidation, bankruptcy settlement, bankruptcy reorganization and agreement. Start from the system perspective provisions to pursue the goal of legal system, in comparison, the degree program to discuss.The third part of the thesis introduces effect of settlement negotiation mechanism start conditions and legal, starting pay negotiation mechanism must meet two conditions:one is the company was found to be unable to pay its debts; the other one is the creditors’ meeting was held successfully. Company in liquidation process, was found to have negative equity is the best time to repay creditors start negotiation mechanism. This part focuses on the creditors’ meeting related content, including five aspects the meeting of creditors, the creditors’ meeting the nature of the composition, the creditors’ meeting, the convener of the creditors’ meeting was successfully held the legal elements. Company liquidation legal consultation mechanism is mainly from the aspects of the company’s creditors, other programs, etc.The fourth part of the thesis introduces the construction of non-liquidation consultation mechanism, in reference to the relevant provisions of Japan and China’s Taiwan region agreement system and domestic and foreign bankruptcy law, proposed consummates our country pay negotiation mechanism is proposed, from the settlement negotiation, negotiation held repayment plan, repayment scheme vote repayment scheme, confirm the repayment scheme, the implementation of a series of links of the procedure construction. After the settlement of the negotiation mechanism end under the normal circumstances, the liquidation of the company is over. At the end of settlement negotiation mechanism under the situation, the company should enter bankruptcy. Because the body does a lot of work in process payment negotiation mechanism, in order to play a better settlement negotiation mechanism, the end of the article from the subject of liquidation, the liquidation expenses, liquidation, liquidation and judge of the four aspects, the company law and bankruptcy law with good convergence.