On The Protection Of The Interests Of Secured Creditors In The Restructuring System

2006 China's "Enterprise Bankruptcy Law" the reformed system was officially introduced into China, with the implementation of the law, reforming the system can continue to be the practice of a market economy, and many companies have realized by reforming regeneration.In reorganization proceedings, the interests of the creditors involved in the process of protection is an eternal topic, especially where there are security interests of creditor protection, in recent years more and more aroused people's concern and attention. Reforming the system is to coordinate the plight of corporate debtor, a mechanism for conflict between creditors and other stakeholders interests and the interests of society, in which secured creditors conflict with other interests abnormal sharp, the biggest impediment to force reorganization proceedings often come from there secured against creditors. Therefore, in order to ensure the smooth progress of restructuring and better balance between the interests of reforming purpose and secured creditors, the balance of social justice and individual justice,the need to protect the interests of the secured creditor. China's current "Enterprise Bankruptcy Law" Although bankruptcy reorganization in the interests of the secured creditor protection requires, but these provisions, there are many unreasonable, so that these problems faced by the secured creditor in the bankruptcy reorganization a huge risk. This is not only a great blow to the secured creditors in insolvency reorganization proceedings enthusiasm, but also affects the effectiveness of the Bankruptcy Reorganization play in China. Based on the Reorganization of the secured creditor to protect the interests of the theoretical basis of the analysis, in reference to other countries in the world system on the basis of the main legislative reorganization measures and experience to protect the interests of secured creditors,combined with our modern bankruptcy law The shortcomings of current legislation and make suggestions and recommendations to the relevant provisions, with a view to reforming the system in our country to a secured creditor protection provisions can be improved.The first chapter of the Reorganization to protect the interests of secured creditors of the legal basis, namely the balance of interests theory are discussed. After a brief introduction and the related reorganization system defined on the basis of a secured creditor, conflict of interest and the balance of interests from both discussed the necessity of reforming the system of protection of the interests of secured creditors.The second chapter is to examine and compare the advanced experience of foreign law.This paper introduces the civil law and common law on behalf of the United Kingdom, the United States, and Japan-related legislative measures to protect the interests of creditors with claims secured in the whole system, and compare the similarities and differences between the three legislative measures, with a view to reforming the system of our country in the perfect aspect to provide reference.The third chapter describes the present situation of reforming the system to run in the interests of the secured creditor protection. The first part describes the relevant legislation of "Bankruptcy Law" in reforming the system to protect the interests of secured creditors, the second of three parts, respectively, from the legislative and judicial practice discussed perspectives of reforming the system to protect the secured creditor deficiencies interests.The fourth chapter is proposed reorganization of our system to protect the interests of secured creditors perfect proposal. Defects and deficiencies at the relevant provisions of the Enterprise Bankruptcy Law of our country exists, and advanced reference extraterritorial legislation, put forward a sound system for the protection of the interests of secured reorganization creditors recommendations.