On The Protection Of The Interests Of Property-guaranteed Creditors In Bankruptcy Reorganization

The enterprise bankruptcy law of our country was adopted in 2006,and it was formally implemented in 2007.A new model of economic development has been created.China's bankruptcy law is to protect the interests of creditors.The emergence of reorganization system adapts to the present situation of our country,and taking into account the creditor debtor and adapt to social development-and other interests closely connected.However,the implementation of the reorganization system in China is not as thorough and complete as abroad.This is still a very complex system worth exploring.The protection of the interests of secured creditors can be called the whole business restructuring(restructuring)activities in the main.In my graduation thesis.My graduation thesis is divided into three parts:Part one,The analysis defines the basic theory of secured creditor's right with property.First of all,it defines the meaning of the secured creditor's right with property,and lists the types of the property secured creditor's right.Secondly,it makes a qualitative analysis,and then focuses on why we should vigorously protect the property security creditor's purpose and significance.Mainly discussed from two aspects of economic interests and judicial justice.Part two,analyzes the existing problems of the protection of the interests of the property security creditor in the bankruptcy reorganization of our company.Mainly from the scope and conditions of the applicable object,The system of automatic termination,the supervision mechanism of the secured creditor,the compulsory approval system,the main body of the reorganization plan,and the damage compensation mechanism,these six aspects of the existing problems of analysis.Combined with the existing regulations of our country and the limitation of secured creditors,this paper analyzes the deficiencies in detail.Part three,in view of the deficiencies in the last part,the author puts forward some relevant suggestions on the protection of the creditor's interests in the reorganization of the enterprise bankruptcy.For example:narrowing the scope to raise the threshold,the suitable conditions for reforming regeneration and reconstruction of hope debtor.Full protection principle to establish Chinese characteristics,automatic freezing allows for exceptions to the members.Included in the supervision mechanism and reforming plan of the main body of secured creditors.Make a distinction between the damage of the collateral during the reorganization,compensation and so on.