Research On The Limitation And Protection Of Ex-rights In Bankruptcy Reorganization

Reorganization system has a pivotal position in the field of bankruptcy law, the right of exclusion is an important system of bankruptcy law. However, the realization of the right of exclusion and the purpose of reforming sometimes is incompatible?Whatever, the interests of the creditors, the debtor and the overall the society, cannot be realized simultaneously. It is inevitable in the operation of bankruptcy case. Therefore it is important to exercise the right of exclusion in the reorganization process for all stakeholders. Countries around the world include the restriction and protection in exercising the right of exclusion. Compared with bankruptcy law of our country, theirs are more detailed and comprehensive, and are worthy of referring. Thesis introduces the provisions of the right of exclusion system of bankruptcy law from several typical foreign countries and analyzes the pros and cons of the system. In the end thesis points out how to improve the right of exclusion in our bankruptcy system of legislation, combined with theory and practice of our county's bankruptcy, in order to balance the interests of all parties.