On The Background Of Supply-side Structural Reform,china's Bankruptcy Reorganization System Is Studied

At present,China's economic development is characterized by high-speed growth to high-quality development,economic development is in the transformation of the mode of development,the optimization of economic structure,the transformation of growth momentum of the key period.To this end,the 2018 Central Economic Work Conference clearly put forward to deepen the supply side structural reform,to inspire all kinds of market main body vigor and other eight key work,and deepen the supply side structural reform as the first task,put forward to deepen the market allocation reform of factors,focus on "breaking","legislation","down" aspects of efforts.Bankruptcy law is the important basic legal system of market economy society,and the three cornerstones of market economy legal system are constructed together with company law and contract law.With the development of market economy in our country,the bankruptcy law is becoming more and more important to regulate the market and protect the economic orderly development.The main objective of the bankruptcy reorganization system is to clean up the debts and save the enterprises,and to achieve the optimal allocation of the multiple resources and realize the rebirth of the debtors by balancing the relationship between the creditor and the debtor,the creditor and the shareholders,the creditor and the strategic investor,the country and the enterprise.Therefore,the value function of the bankruptcy reorganization system is in accord with the goal of the supply side structural reform.However,the practice of enterprise reorganization in the past 10 years has proved that there are still many problems in the legal system of bankruptcy reorganization in China,which is difficult to meet the needs of structural reform of supply side and needs further improvement.Based on the demand of economic and social development and the problems faced in the process of bankruptcy reorganization,this paper puts forward some suggestions on perfecting the system of bankruptcy reorganization in the background of the supply side structural reform.This paper consists of five parts.The first part is the introduction of the paper,mainly introduces the background,theoretical and practical significance of the topic,the research status of bankruptcyreorganization system at home and abroad,and illustrates the research methods used in the paper,as well as the research ideas and innovation points.The second part is the summary of the bankruptcy reorganization system and the supply side structural reform.Firstly,it introduces the basic theory of the bankruptcy reorganization system,including the connotation,characteristics and value orientation of the bankruptcy reorganization system,secondly,it points out the theoretical basis of the bankruptcy reorganization system,including the operating value theory,the social policy theory and the benefit and the common theory;again,the basic problems of the supply-side structural reform Including the proposal of the supply side structural reform and its intension,task and goal;Finally,it analyzes the relationship between the bankruptcy reorganization system and the supply side structural reform,and explains the significance of the bankruptcy reorganization system to the supply side structural reform from the legal level and the social level two aspects.The third part discusses and analyzes the present situation and problems of China's bankruptcy reorganization system under the background of supply-side structural reform.First of all,in the reorganization of the application,the selection of managers,reorganization plan several aspects of our current legislation on the bankruptcy reorganization of the provisions of the system and problems;Secondly,take the Northeast Special steel bankruptcy reorganization case as an example,from the reorganization process to start difficult,the reorganization of investors selected difficult,The main problems in the implementation process of China's bankruptcy reorganization system are analyzed in several aspects.The Forth part is the legislative practice of the bankruptcy reorganization system of foreign countries and its enlightenment to China.Firstly,this paper introduces the legislative practice of the bankruptcy Reorganization system in America and Japan.Secondly,it points out the Enlightenment of the legislation practice of the United States and Japan to our country's bankruptcy reorganization system,including strictly following the marketization principle of the reorganization system,fully considering the re construction ability of the reorganization enterprise,effectively safeguarding the initiative of the debtor,and focusing on improving the efficiency of the reorganization procedure.Part Five is the suggestion of perfecting our country's bankruptcy reorganization system under the background of supply-side structural reform.First,restructure the starting and operating mechanism of the reorganization process,including the strict reorganization of the start-up and review mechanism,standardize the implementation of the bankruptcy coordination mechanism,the construction of a diversified restructuring model,innovation managers selection mechanism;Secondly,the formulation,approval and implementation of a strict reorganization plan,including the regulation of the formulation and review of the approval Strengthening the debtor's information disclosure system,establishing the reorganization of the investor selection mechanism,and clarifying the abnormal disposal mechanism of the reorganization plan;Thirdly,we should establish and perfect the related legal system,such as perfecting the system of employees ' resettlement,setting up the tax preferential system of the enterprise,and perfecting the credit restoration system of enterprises.