The System Of Compulsory Approval Of Reorganization Plan Pick To

In 2017,the enterprise bankruptcy law in China has ushered in the eleventh year,in 2007 the enterprise bankruptcy law determines the bankruptcy reorganization system under the legal conditions and provisions of court to exercise compulsory approval from reorganization plan.The mandatory approval of the reorganization plan means that the court can mandate the reorganization plan without the consent of the voting group.The compulsory approval system reflects the judicial power's intervention in the reorganization procedure,which can damage the creditor's rights and interests.Compulsively in approved reorganization plan there exist some problems in the practice of having a team of local government intervention and judgment ability is insufficient,but the main problem lies in the reorganization plan more physical examination standards too principle,no guarantee of due process.Therefore,it is necessary to improve the compulsory approval system for the reorganization plan.This article from the definition of a reorganization plan approved compulsory in our country,the approval compulsively in exercising the analysis of existing problems and reasons,gives Suggestions for perfect the system of reorganization plan approved compulsory in our country.The body of this article consists of four chapters.The first chapter is introduction to the theory of forced approval reorganization plan,discusses the definition,mandatory reorganization plan approval from the definition and legal nature,in establishing the mandatory approval system reorganization plan are analyzed the necessity and rationality.The second chapter of our country in the exercise of compulsory approval from existing problems are analyzed,main performance in the approval process is simple,fast,orders to simplify,the creditor benefit protection is not enough,the investor,the small and medium-sized shareholders' equity is difficult to get security,asset evaluation is too low,the debtor reorganization procedure public transparency is not high,after analysis of causes of the problem: mandatory approval system in China discretion standard is not clear,the judge team ability is insufficient,the lack of due process and administrative intervention.The third chapter analyzes the statutory constitution conditions and principles of the compulsory approval system of the reorganization plan,and compares it with the United States,Japan and Taiwan.The fourth chapter puts forward Suggestions on the compulsory approval system of China'sreorganization plan from three aspects: perfecting physical examination standard,perfecting program design and promoting the specialization of bankruptcy trial.