The Theory Of Shareholder’ Rights In The Bankruptcy Reorganization

For companies, severe competition situation suffers from the co-existence of the rapid development of economy, this is an unchangeable truth. As the change of national overall policy in recent years, self-employment is advocated in the whole society, especially to encourage university graduates to set up company in the wave of the self-employed, a large number of companies have sprung up, and since China joined the WTO in the domestic market further open the door, a large number of foreign outstanding enterprises joined China’s market competition, this is virtually has greatly increased the demand for our Chinese enterprises. In the process of the intense market competition, there will be more and more enterprises because of poor management of the risk of facing elimination, for saving social resources and let more corporate and rebirth of hope can be preserved, our country enacted "bankruptcy law" in 2007 and joined the bankruptcy reorganization system in it, as we lack the corresponding theoretical and practical basis in the past, so we have a lot of deficiencies in legislation, need to perfect further.Ultimate goal of the bankruptcy reorganization system is to make enterprise on the verge of bankruptcy rebirth, and everything we do is for this goal in the process of service. Although the bankruptcy reorganization system applies to all companies, but as a result of restructuring process of the high cost and complex, generally applied in practice of reforming are large enterprises and listed companies. Because there are more and more restructuring case in recent years, scholars also gradually increase focus on the bankruptcy reorganization system, but in terms of theoretical research, it will seem to be more focused on the protection of interests of the creditor, but little attention on shareholders. The main conflict is a conflict of interest between creditors and debtors in bankruptcy reorganization, shareholders play an important role in success or failure as one of the main body.Based on the recognition of the importance of the debtor shareholder, this paper selected topic decided to shareholders from the debtor the main body, the rights of shareholders to the debtor as the main research content, the adjustment of the shareholders’ rights to the debtor as the research direction, the analysis of the necessity of adjusting the debtor shareholder rights and significance, the characteristics of the debtor shareholder rights are analyzed and the main contents of the "bankruptcy law" in China on the basis of the relevant legislative provisions on the bankruptcy reorganization shareholder rights, analyzing the defects existing in the existing legislation and deficiency, finally put forward the improvement of the relevant suggestions, in order to further improve on the legislation for the adjustment of the shareholders1 rights in the bankruptcy reorganization.