Research On Several Judicial Practice Problems Of Enterprise Bankruptcy Reorganization

With the continuous development of the socialist market economy in China,the market competition environment is becoming more and more complex,and it is difficult for enterprises to cope with the insolvency of an endless and changeable business in the process of development.The simple bankruptcy liquidation and bankruptcy reconciliation system can not meet the needs of the current market exit mechanism,and the dangerous enterprises have put forward new demands on the diversification of the bankruptcy relief system.Thus,in 2006,the new bankruptcy law of the People's Republic of China was formally promulgated and the bankruptcy reorganization system was introduced.It can be said that the system of enterprise bankruptcy reorganization in China is established with the continuous development of our socialist market economy,and plays an important role in improving and standardizing the development of our modern enterprise governance structure.The establishment of the system of enterprise bankruptcy reorganization caters to the needs of the development of our socialist market economy.To a certain extent,it enriches and perfects the content of the enterprise bankruptcy law in our country,and also conforms to the legislative trend and reform trend of the transformation of the modern international bankruptcy law from the insolvency centralism to the preventive centralism.The purpose of enterprise bankruptcy reorganization system is to keep the business value of enterprises through the liquidation of creditor's right and debt,so as to restore the ability of production and operation.Therefore,compared with bankruptcy liquidation and bankruptcy reconciliation system,the bankruptcy reorganization system pays more attention to the realization of the efficiency value and the protection of the overall interests of the society,which embodies the value pursuit of the legal social standard,and is more in line with the needs of the comprehensive deepening of the reform and the strengthening of the policy of the structural reform of the supply side.The system of bankruptcy reorganization not only balances the interests of the debtors,creditors,promoters and investors,but also helps to maintain the overall interests of the society and the economic order.However,because of the lack of practice foundation of our country's bankruptcy reorganization,the practical experience is relatively short,and it is based on foreign legislative experience and established on the basis of foreign legislation.Therefore,the bankruptcy reorganization has many shortcomings in the judicial practice,such as the insufficiency of the debtor's application for bankruptcy reorganization,the long term of the bankruptcy reorganization procedure,the lack of the judgement standard for the reorganization hope and the reorganization value,and insufficient protection of the interests of the secured creditor,the application of the selection and remuneration system for bankruptcy reorganization administrator is not smooth,and the court's compulsory approval of the right to reorganize plans is abused.In connection with the problems encountered in the judicial practice of our country's bankruptcy reorganization,we should improve the legal basis for the application of prepackaged reorganization procedure and the reorganization of the summary procedure,clarify the starting procedure of the bankruptcy reorganization,increase the protection of the interests of the secured creditor and restrict the rights of the promoter,flexible application of the selection and remuneration mechanism for bankruptcy reorganization administrator,as well as restrictions on the exercise of the court's compulsory approval power.Through the problem of bankruptcy reorganization in the judicial practice,this paper puts forward the countermeasures aiming at solving the problems in the judicial practice,in order to run the bankruptcy reorganization system more effectively,so as to adapt to the actual development needs of our enterprises,improve the competitive environment for the survival of the market and maintain the stability of the economic order.