A Study On The Protection Of Creditor's Interests In China's Bankruptcy And Reorganization

In 2006,the Standing Committee of the National People's Congress examined and approved the Enterprise Bankruptcy Law of the People's Republic of China(hereinafter referred to as the "Bankruptcy Law"),which was the first market economy in the history of the People's Republic of China.The law has been in effect since June 1,2007.However,in the process of the implementation of the new bankruptcy law,the outstanding problem is that the number of bankruptcy cases in the whole country has not increased but declined continuously,which makes the bankruptcy system fail to play its proper role of social and economic adjustment.Although the Supreme People's Court promulgated two judicial interpretations on the Bankruptcy Law and some specific judicial explanatory documents during this period,the provisions on the bankruptcy of enterprises in China's current price section are not comprehensive enough.,There are still some defects.Especially since the Third Plenary Session of the 18 th CPC Central Committee,the CPC Central Committee has decided to complete the ruling outline of the rule of law,in order to better develop the economy,the state needs to speed up the clean-up zombie enterprises continue to push the supply side reform policy requirements,Steady growth needs to accelerate the revisions of relevant laws.It is well known that corporate bankruptcy is not simply a matter for the debtor,which involves the interests of the multiparty subject game and balance.This article will focus on the perspective of creditors,analysis of bankruptcy reorganization process of the interests of creditors in the protection of the creditors involved in the role of bankruptcy reorganization and how to better protect their own interests to do a detailed introduction.I have the honor to participate in the practice of a serious insolvency of the creditors to confirm the work encountered in the work of a wide variety of forms of creditors,creditors do not prove the right and demands are mixed,there are many problems,the author will be based on practice And the creditor's understanding of the process of exchange of experience and summed up the experience of China's bankruptcy and reorganization system in conjunction with the relevant theoretical research on the interests of creditors in bankruptcy reorganization of the protection of research and demonstration,I hope this practice of creditors in the interests of protection be helpful.