Research On The Legislation Of Bankruptcy Reorganization Of SMEs

China's 2005 enterprise bankruptcy law has set reorganization system in theeighth chapter of the bankruptcy.After nearly ten years in the development and implementation of market economy,it has made great achievements.But it is a pity that the enterprise bankruptcy law legislation is immature mainly in the absence of further application objects,such as chapter eighth bankruptcy reorganization system only has 26 general summary and the provisions of the bankruptcy reorganization procedures and rules,to practice the operation left a lot of negative space without efficiency.In general,the bankruptcy law is applicable for a large company in large scale,assets and liabilities of shareholders and managers of the separation of ownership in structure,the number of shareholders,a single,less debt of smaller and medium sized companies,and can not be fully applicable.China's Zhejiang province is already settled in the trial and the bankruptcy reorganization case of most provinces in Zhejiang Province,the bankruptcy reorganization case as a model,from the 136 to find the reorganization case in search of the registered capital of 20 million yuan in the law and under the small and medium-sized enterprise bankruptcy,explore the small and medium-sized enterprises in bankruptcy reorganization the status quo in the system and the main problems,and according to the latest development of foreign legislation,put forward legislative proposals "enterprise bankruptcy law" chapter eighth,including an increase of small and medium-sized enterprise bankruptcy reorganization,including the simple procedure of amending the law content.The first chapter is the introduction,mainly summarizes the development of the national economy since the fifth Plenary Session of the 18 th CPC Central Committee in the "capacity to" help "zombie enterprises" bankruptcy reorganization to adjust the economic structure,arrangement of economic resources and social background,and statistics of the country is currently in the trial of the bankruptcy reorganization distribution in the provinces of the case,determine the most suitable as the research sample of Zhejiang Province as the research object,to study the following 20 million registered capital scale of small and medium-sized enterprises in the main problems of bankruptcy reorganization.At the same time,the author also reviews the domestic and foreign research results of the bankruptcy reorganization of small and mediumenterprises,determines the value of this topic,research methods and innovation.The second chapter mainly defines the basic concept of bankruptcy reorganization,small and medium enterprises,from the United States through debt reorganization,compared to the small and medium-sized enterprise division,combination of China's most populous province of Zhejiang reorganization reorganization cases to sort out the case,the case accounted for more than 80% of the company's reorganization to the registered assets division,registered assets are called small the enterprises below 20 million classified,combined with academic research and judicial practice are summed up in the bankruptcy reorganization in the characteristics of small and medium enterprises.The third chapter mainly discusses the current situation and problems of the bankruptcy reorganization of small and medium sized enterprises.This paper analyzes the rules and problems arising from the reorganization of the medium and small enterprises in our country's legislation and judicial practice from the following aspects:the right to apply for reorganization,the right to formulate the reorganization plan,and the right to restructure.In the fourth chapter,the third chapter on the basis of the "federal bankruptcy law" and "civil law" in Japan fell production as the comparison object,analysis the different reforming bankruptcy laws in the reorganization plan,voting rules and other aspects of the different regulations and advantages,and find out the suitable summary of our bankruptcy law need modify the perfect place for small and medium-sized enterprises.The fifth chapter is the suggestion on the perfection of the enterprise bankruptcy law of our country.The main recommendations from the establishment of the debtor in the legislation of priority right to apply for a reorganization plan,priority development rights,reforming the debtor centralism and the establishment of the four aspects of the summary procedure for small and medium-sized enterprises to strengthen and improve the enterprise bankruptcy law,not in accordance with the administrative intervention to reduce the unfairness and low efficiency,and provide a theoretical basis for judicial fairness and efficiency justice.