Research On Prepack System

In the context of the modern free market economy,the enterprise's victory is a natural phenomenon.Back from the dead,in order to make the dilemma enterprises realize the maximization of the interests from bankruptcy,established to aim at the debtor continue surviving legal mechanism,namely the traditional reforming system and court restructuring system represented by binary rescue mechanism,but these mechanisms also has certain limitation,hindered the objective demand of the plight of the enterprise with complex diversity.And appeared in the process of the reorganization system,enterprises provide alternative means for,become a kind of new rescue mechanism,to meet the objective demand of establishing diversified save now.Pre reforming system not only in combination with traditional reforming system and the advantage of the court system of external debt restructuring,and avoids the disadvantages of two kind of system,gradually become a new type of save trouble,also more and more academic and judicial practice of law by the governments of the attention and research.Comparing our country enterprise in the process of bankruptcy reorganization of the problems facing,it is necessary to introduce pre reforming system,establish the bankruptcy reorganization of new system in our country,in order to solve itself problem of troubled companies in our country.The body of the article is intended to be discussed in the following four aspects:The first chapter,* ST xiancheng,is a reorganized legal system.First,the case of the case of * ST xiancheng is analyzed and the reason for its predicament is analyzed.Secondly,it is analyzed by * ST xiancheng to summarize the present situation and limitation of reforming the legal system in China.Finally,through the analysis of the former two,introducing reorganization system,and on the present situation of the system in our country,analysis the system for the problems existing in the judicial practice in our country,for later in the study of pre reforming system of pre reforming system established in our country as well as provide the necessary practice base.Chapter 2: the basic theory of pre-reorganization.First of all,through the analysis of the method of pre reforming system of economics,sociology and law contract threetheoretical basis,that the establishment of the reorganization system has a certain theoretical basis.Second,with the bankruptcy reconciliation system,traditional reorganization system,outside the court restructuring system,the comparative analysis,show that pre reforming system has unique advantages,highlight the mechanism in the process of the restructuring as a new type of save trouble enterprise has its necessity.Finally,through objective analysis of the limitation of pre-reorganization system,we provide a reference for the construction of pre-reorganization system suitable for China.Chapter 3.Comparative analysis of pre-reorganization system.First,by pre reforming system in Anglo-American law system countries,particularly in the United States as the birthplace of the earliest pre reforming system,has a relatively perfect system architecture,detailed analysis of the basic structure of the American mode of the whole system and procedures,providing a reference for construction of pre reforming system in China.Secondly,carry on comparative analysis to pre reforming system of continental law system countries,although in some countries the law did not make clear a regulation pre reforming system,but some countries still has applicable value in the judicial practice,can be drawn lessons from Japanese method,through the analysis of "model" in Bangkok in Thailand and other related system,reforming system application rules to provide reference for our country.Chapter 4.The conception of the prereforming system in China.Firstly,from the legislative Angle,the construction of the pre-reorganization system in China is summarized and the author's own opinions are put forward.Secondly,from the perspective of programming,the author's idea is put forward in the application of the prereforming system.Thirdly,the author's Suggestions are put forward for the special problems in the system.