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On The Limitation And Protection Of Secured Claims In Bankruptcy Reorganization

Posted on:2019-01-12Degree:MasterType:Thesis
Country:ChinaCandidate:J J WangFull Text:PDF
GTID:2356330542982021Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
After the economic globalization,the economic relations between enterprises and enterprises are more and more close.One and the bankruptcy of enterprises can cause the economic difficulties of many enterprises.In order to avoid the reorganization of enterprises' bankruptcy liquidation,the country has adopted a broader scope of application,but in the reorganization of a large number of enterprises,there are many rights subjects and legal relations.It is very difficult to coordinate the rights between them.That's why we often see so many unfinished buildings.The development and research of our country in the bankruptcy reorganization system is late.The rapid development of the economy has made the existing bankruptcy law unable to meet the complicated bankruptcy cases in the judicial practice,which requires us to improve the legislation in time.he United States is a country with a long development of the bankruptcy reorganization system.The legislative research and judicial practice of the bankruptcy reorganization system have become more mature.We should study the advanced legislation of foreign countries and combine with the current situation of our judicature and the characteristics of legislation,and we should carry out the relevant system of the overly secured creditor's rights in the bankruptcy law of our country as soon as possible.The judicature is perfect.In the application scope of the reorganization system,we must limit the scope of the applicable body of the system and save the resources of the judiciary.In the end of the suspension of the security rights and the compulsory approval reorganization plan,we can enrich the protection of the secured creditor's rights,improve the supervision mechanism of the relevant subject,avoid the excessive interference by the government organs and the judiciary,protect the secured creditor's rights,and promote the cis-profit implementation of the reorganization system.
Keywords/Search Tags:Reorganization, Proceeding, Secured, Claims, full protection, compulsory approval
PDF Full Text Request
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