The Study On Readjustment Of Investors’Rights And Interests Of The Listed Company During The Reorganization In Bankruptcy

Since the implement of new "bankruptcy law" from2007, there are more than40listed companies won the rebirth through bankruptcy reorganization process in ourcountry. Although the bankruptcy reorganization system has been introduced into thelegalization of new "bankruptcy law", the regulation of the system is still notcomplete. Especially in the matter of rights and interests adjustment issues ofinvestors, who play an important role in the bankruptcy reorganization procedure,there’s only two provisions. It brought a lot of difficulties to the judicial practice.Therefore, this paper, takes the readjustment of investors’ rights and interests in thebankruptcy reorganization of listed companies as the research object. And the paperrespectively discusses and analyzes the following four issues, and tries to put forwardopinions or suggestions to solve these problems: the basis readjustment of investors’rights and interests in the bankruptcy reorganization of listed companies is not clear,whether the readjustment of investors’ rights and interests is necessary or not, theprimary means of the readjustment of investors’ rights and interests, and how todevelop the adjustment scheme, vote and ratify the investor rights and interests.This paper is mainly divided into three parts, namely, introduction, main bodyand epilogue. The main body is divided into five chapters, discussing and analyzing the fore issues put forward above, and putting forward corresponding legislativeproposals accordingly.The first is the introduction. The introduction mainly introduces the researchbackground and significance of this article, the main reference literature review andresearch methods.The second is the main body. Body of the first chapter is a summary of thereadjustment of investors’ rights and interests in the bankruptcy reorganization oflisted companies.By analyzing the difference of basis of investors’ rights and interestsbetween under the condition of normal operation and under the condition ofbankruptcy reorganization, this paper expounds the theoretical basis of readjustmentof investors’ rights and interests in the bankruptcy reorganization of listed companiesand respectively discusses the basis of investors’ rights and interests under thecondition of the venter can be bonded an insolvency cases, meanwhile the paper doesa comparative study between readjustment of investors’ rights and interests and thelimitation on the shareholders’ rights in the process of bankruptcy reorganization. Itcan clarify the common confusing about a different set of concepts. The secondchapter is the necessity analysis of readjustment of investors’ rights and interests inthe bankruptcy reorganization of listed companies. This chapter discusses the reasonsto readjust the investors’ rights and interests in bankruptcy reorganization of listedcompanies from two aspects of theory and practice analysis. The third chapteranalyzes the ways to readjust the investors’ rights and interests in bankruptcyreorganization of listed companies. This chapter takes classification research methodsto study the investors’ rights and interests adjustment ways, which includes inductiveanalysis of method adopted in the current judicial practice of our country to readjustinvestors’ rights and interests, besides the ways of other countries and regions atpresent which has implement obstacle in our country. The fourth chapter is proceduralanalysis of readjustment scheme of investors’ rights and interests in the bankruptcyreorganization of listed companies. Due to practical confusion caused by the only twoprovisions of investors’ rights and interests adjustment scheme in our "bankruptcylaw", the author therefore analyzes the adjustment scheme system of the investors’ rights and interests, voting and approval, and put forward the corresponding opinionsor suggestions, hoping to help on legislative and judicial practice. The fifth chapter isthe legislative proposals in readjustment of investors’ rights and interests of the listedcompany during the reorganization in bankruptcy. Aiming at the problems putforwards in the former four chapters and unclear legislation, the author puts forwardthe corresponding legislative and judicial suggestions in this chapter.Finally is the conclusion, namely, the inductive summary comments andsuggestions for the full text.