Research On The Legal Problems Of Financing In The Bankruptcy Reorganization

On the significance of the bankruptcy reorganization,scholars from saving enterprises,safeguard the interests of creditors of the company,to maintain the local economic development,to solve the employment of workers discusses,in fact,once the company into liquidation,not only ordinary creditor’s right to obtain payment,is entitled to the priority of creditors are rarely able to obtain a complete pay off,even basically difficult to obtain liquidity,which highlights the necessity of financially troubled enterprises bankruptcy reorganization.Financing is the first factor related to the bankruptcy reorganization can be achieved,can be said that the ability to obtain financing,financing much directly determines the company’s bankruptcy reorganization is successful,the possibility of success.But the size of because the bankruptcy reorganization of the enterprise,are generally in a difficult period in finance,if not a complete system of legal protection,the financing channel Together,the amount of financing,financing are limited.Therefore,this paper will study the bankruptcy reorganization in the financing system as the core elements,and on the base of the analysis,considering the practice of judicial practice at present,put forward how to perfect our bankruptcy financing system of ideas and arrangements.According to the introduction,the basic concepts,introduces the status quo,the foreign legislation of bankruptcy reorganization financing institutional arrangement,the conclusion of such structures are arranged.In the introduction stage is mainly to point out the important meaning and reality of this writing.Based on the concept of this article,from the basic concept of bankruptcy reorganization,financing mode,three aspects of value,depict the basic framework of the bankruptcy reorganization financing system.In the bankruptcy reorganization and financing of the status quo introduction,from China’s company law,bankruptcy law,securities law and other laws and regulations,and pointed out that China’s current laws mainly focus on guiding the company into bankruptcy liquidation,the company bankruptcy reorganization financing the institutional arrangement,provisions of principle,not only into the system,and the maneuverability is not strong,resulting in the judicial practice,the bankruptcy reorganization financing is facing legal protection insufficiency,the financing channel is single A series of problems,the bankruptcy reorganization financing.In the low success rate of foreign legislation,mainly through the United States,Britain,France and other developed market economy countries bankruptcy reorganization financing legal system introduction,pointed out that China’s reference direction.In the bankruptcy reorganization financing arrangement,from the improvement of legislation,strengthen to the creditor the protection of the interests of the bankruptcy reorganization,abundant financing channels,financing methods and standardize bankruptcy reorganization operation,strengthen the supervision of the specific point of view,put forward to perfect our bankruptcy financing system of suggestions and opinions,initiate the shortcomings,but also hope of understanding.