Research On Legal Issues Of Sale Reorganization

Sale type reorganization system appeared in the American bankruptcy law,because of its property scheme and easy handlingis famous for its efficient,and many countries have a reference to the introduction of the system.Market changes in the information age often cannot understand at regular speed,and every trouble enterprises have their own characteristics,the traditional way of bankruptcy reorganization will be consumed by interest groups and the main body of the game to spend more time for after repairing efficiency of market main body,this can not only can meet the expected requirement,the bankrupt enterprise and the creditor is also very bad for market as a whole.Therefore,both comply with the international trend,and realize the value of the bankruptcy reorganization system,build and perfect the regulation of our country to sell type reforming value proposition will be a discussion.This paper explained in advance sale type after the connotation and the necessity of reforming system,through comparative analysis and empirical analysis,to the United States and Japan,on the basis of the legislation and practice case special emphasis introduces the American bankruptcy law "section 363" system and Japanese business transfer procedure of regeneration model reforming,and sums up the system of the two countries on the part of the window,and then compare the sale type reforming system in our country the status quo of application of highlight is still in exploring in sale type reforming the present problems to be solved.Experience from outside and inside,finally put forward Suggestions for the improvement of the system of sale type reforming,to trouble the regeneration of the enterprise to provide a new survival channels.This article is divided into four parts,the first part mainly clarify the sale of the bankruptcy reorganization system is reforming a new type,it is based on the core value of the reorganization system.Sale type reforming were summarized on the basis of the concept and characteristics of compares them with the liquidation relationship,and the need for stress as a new form of bankruptcy.The second part mainly introduces the outside sell type reforming the legislative cases and experience,to bankruptcy law "section 363" for the United States and Japan footling presentationmethod about business transfer as the core,the relevant provisions of the sale in understanding the source of reforming system and on the base case,summarizes the analysis can be concluded that the two countries' legislation and case,outside sell type reforming has a strong vitality and institutional advantages.The third part main content is sale type reforming in our country on the statute law and judicial practice,based on comparing outside can see the problems of the system in our country.The fourth part is in the previous two chapters,on the basis of comparative analysis,combining with the actuality of our country,the improving Suggestions for sale of reorganization system.Sell it in clear statutory type reforming,make the legitimacy and rationality of the sale type reforming on the basis of the recognition of entity contents and procedures of operation in the system in detail.