Real Estate Development Enterprises Reorganization Legal Issues Research

China’s real estate industry has developed rapidly in recent years, the soaring house prices to stimulate more and more real estate development enterprises, in real estate industry is facing three big dilemma serious regional market differentiation, high inventory, as well as the development indexes into a freezing point. Since 2010, there have been enterprise bankruptcy news in the press, is associated with the general enterprise capital chain rupture, the emergence of the rotten poop and broad owner by extreme events such as safeguarding rights. In accordance with the provisions of the enterprise bankruptcy law in our country, the real estate development enterprise bankruptcy have three way to go, reorganization and settlement and bankruptcy liquidation, reorganization and reconciliation belongs to the bankruptcy liquidation of prevention programs, reorganization system also belongs to the new increase the content of the new bankruptcy law in our country, more and more be taken seriously in the bankruptcy physical objects. Practice has proved that reconciliation system needs a great compromise to creditors, is limited in the enterprise bankruptcy case. Compared with the reconciliation and bankruptcy liquidation, bankruptcy reorganization in the enterprise bankruptcy case has a unique advantage, to maximize the debtor property, for example, is conducive to protect the interests of creditors, etc. Real estate development enterprise bankruptcy cases, of course, compared with other companies in its special way, its assets value is big, the vast people, the complicated relations in interests, lead to the bankruptcy reorganization cycle is long, and thus needs to comprehensive analysis, weigh the pros and cons in the specific case, find out the most suitable for the real estate development enterprises apply solution.This paper will be divided into three parts:The first part: introduction case and hot issue in enterprise restructuring case derivation. This part is mainly combined with the case raises issues. Beijing xing chang dabo real estate development co., LTD., bankruptcy reorganization case are introduced in a number of monographs and papers, is a classic case of enterprise restructuring, in this case to discuss two problems, one is the enterprise reorganization cases for the identification of nature of the contract, the second is bankruptcy administrator, replacement, and the selection of supervision. In linyi in shandong province in luohu real estate development co., LTD., bankruptcy reorganization case is another classic case of enterprise bankruptcy reorganization, the case is evaluated by the supreme people’s court in 2012 \ "national excellent case court practice active judicial philosophy\", in the case, one is to discuss the company went bankrupt after the booking right ownership of the house, the second is to adjust the structure of equity in the case of the fact that require mandatory directly adjust the debtor shareholders equity structure is legal. Hangzhou Venus called hangzhou real estate development co., LTD., bankruptcy and liquidation case enterprise bankruptcy, the first case, it has been, to compare it with the United States lehman event for which one is the enterprise bankruptcy liquidation is discussed the advantages and disadvantages, the second is to assume that if take restructuring program will gain better society effect.The second part: the analysis of the problems related to the solution. For bankruptcy cases for the identification of nature of the contract, the author thinks that should adhere to the debtor’s property value maximization and the principle of both social and public interests, in the concrete treatment should be strengthened in the process of the contract the other party’s rights; For Beijing xing chang dabo company bankruptcy administrator, replacement, and the selection of supervision, the problems of the author in these three aspects respectively, put forward its own Suggestions For bankruptcy after the pre-sale housing rights of ownership, the author thinks that buy a house with a mortgage to vest in the buyer, and buy a house with instalment belongs to real estate development enterprises; For enforcement directly adjust the debtor shareholders equity structure is legal, there is controversy, the author thinks that under the current \ "enterprise bankruptcy law\" regulation, can adjust directly, and suggested to explore more scientific and reasonable adjustment way; For real estate development enterprise bankruptcy and liquidation of the advantages and disadvantages, the author analyzed the advantages and disadvantages of compared to bankruptcy liquidation and reorganization, and analyzes the real estate development co., LTD. Hangzhou Venus if the restructuring program will be achieved better social effect.The third part: the real estate development enterprise bankruptcy reorganization issues related to processing Suggestions. Real estate development enterprises reorganization by practice and theory proved to be the best way to processing enterprise, bankruptcy, but the bankruptcy case has common problems, also have their own troubles, it is difficult to list, for reference to summarizes some principles, for dealing with issues related to help understanding and guidance, adhere to the basic principles of the enterprise bankruptcy law, for example, pay attention to the interests of the creditor and the debtor balance and pay attention to the social benefit standard.