Theoretical Support And System Introduction Of Pre-reorganization

The bankruptcy reorganization is the advanced form of enterprise re-building,which is the one of the three cornerstone of the modern bankruptcy law,It's better than reconciliation and liquidation.The current bankruptcy law regards the market-oriented "Bankruptcy Law" as the center.Due to the introduction and innovation of the reorganization system,which is regarded as a symbol of the modernization of China 's Bankruptcy Law.But confined to the traditional and the reality of the multiple shackles,the system presents a far-reaching and even different implementation effect,needing to follow up and improve the system including the pre-reorganization,in order to promote the implementation and reform of the ascendant China's bankruptcy law.The pre-reorganization as a combination of out-of-court restructuring and traditional reorganization of the two advantages of the new system,it has been played an unparalleled superiority in some market economy countries.It not only for the dilemma enterprises provides an innovative business model,but also promotes the deepening bankruptcy reorganization system of these countries.In China,facing the reality of many bankruptcy reorganization problems,such as the "Shengrun reorganization case" in 2010,and the "double reorganization case" in 2015,they also began to spontaneously apply pre-reorganization in reorganization practice to save themselves.Based on the above background,this paper mainly through the analysis of pre-reorganization compared to the single out-of-court restructuring and traditional reorganization of its unique advantages,and then introduce this model of the core regulation about the British and the United States,leading to the necessity and feasibility of the introduction Combined with specific judicial cases and put forward the overall idea of the system introduction.This paper is divided into six chapters,focusing on the advantages of the system and the core rules of pre-reorganization,leads to the necessity and feasibility of system introduction,as well as the introduction.of the basic design of the six aspects.The first chapter is the introduction.Reviewing the main research on the pre-reorganization problem,and then puts forward the innovation and shortcomingsof the article.The second chapter is the basic understanding of pre-reorganization.Through the analysis of background and theoretical basis,Deducing the comparative advantage of pre-reorganization to out-of-court restructuring and traditional reorganization,which provides the theoretical basis for the system introduction in China.The third chapter is the international model investigation of the pre-reorganization.First of all,mainly on the British and American pre-reorganization model for a comparative overview.Secondly,summed up the two countries on the main rules of pre-reorganization.Finally,according a form comparing the traditional reorganization system of China to the pre-reorganization model of Britain and the United States.This not only provides a reference example for China's pre-reorganization system,but also helps us to reflect on the traditional reorganization system.The fourth chapter is the significance of pre-reorganization introduction in China.Mainly from the necessity and feasibility of the system introduction to explain,combined with the spontaneous pre-reorganization action of listed companies and analysis the "double reorganization case",which is the typical case of a successful pre-reorganization case.On the one hand,this reflects the reality of China's reorganization practice on the pre-reorganization needs;on the other hand,from the side also reflects we can provide a realistic reality soil for the system introduction of pre-reorganization.The fifth chapter is the key of the introduction of the pre-reorganization in China.On the basis of the experience of foreign pre-reorganization and our country's reality,Key recommendations: Firstly,adding judicial interpretation of pre-reorganization and clear the relationship between the pre-reorganization and the traditional reorganization in the application is a choice.Secondly,improving the new set of liquidation and bankruptcy court system,so that bankruptcy reorganization of the case of the specialized agencies.Thirdly,vigorously implement the debt system,which plays its unique coordination function.Finally,not only it is emphasized that in the process of pre-reorganization,we need to pay attention to balance the interests of the parties and prevent the abuse of the compulsory power of the court.but also we should also pay attention to the influence of the two important external environment of the market and the government on the pre-reorganization system.The sixth chapter is the conclusion.Mainly combs,summarizes and promotes the main points and conclusions in the article,and then puts forward the future development and the direction of our country's reorganization system as a whole.