On The Perfection Of Secure Claim System In China's Bankruptcy Reorganization

In the process of management in modern enterprise set up on possessions guarantees for financing way is becoming more common,according to statistics,in the enterprise bankruptcy proceedings when 90% of its assets has become the secured creditors of collateral,so the secured creditors in the process of enterprise bankruptcy reorganization plays an important role.The reorganization of bankruptcy is based on social interests,and it needs to limit the rights of secured creditors to help the enterprise restructure successfully.The secured creditor's rights system is the primary goal of protecting the interests of creditors,and it is necessary to protect the interests of the secured creditors in the restructuring process.It is necessary for us to discuss and improve the existing laws on how to coordinate and regulate these two systems which are closely related to each other but have conflicting legislation value.This article is divided into four parts,the first part introduces the legislative value of bankruptcy reorganization and guaranteed creditor's rights of coordination,conflict with the interests of both parties for the reorganization process regulation to provide theoretical basis for guaranteed creditor's rights;The second part analyzes our country present situation and problems of the reorganization system,including the suspension of the exercise system,draft reorganization plan system,reorganization plan execution phase rules,deferred interest and defined clearly,such as damage compensation and value,around the limitation on the guaranteed creditor's rights in the reorganization process and protection were discussed and reflection;The third part studies the existing problems in our country,at the same time reference from the experience of American and German law and practice,such as America's "automatic stay" and "full protection system",Germany's creditors grouping and voting rules,etc.,through comparing the provides solutions to the problem;The fourth part in view of the current rules in the system of our country'sreforming and the existing problems,and refer to the related provisions of the United States and Germany,in combination with the reality of our country,attempts to put forward to improve the guaranteed creditor's rights in the bankruptcy reorganization system in China.