Study On The Introduction Of Prepackaged Bankruptcy In China

China's current bankruptcy law system,centered on the enterprise Bankruptcy Law,is regarded as an important symbol of the modernization of China's bankruptcy law because of the introduction of the bankruptcy reorganization system."Bankruptcy reorganization" is one of the three cornerstones of modern bankruptcy law,but compared with bankruptcy reconciliation and liquidation,bankruptcy reorganization can better save troubled enterprises.However,due to the multiple shackles of tradition and reality,the current reorganization system in China has the drawbacks of high cost and low efficiency,which leads enterprises to dare not carry out bankruptcy reorganization,or to carry out bankruptcy reorganization,but the reorganization process is very difficult.In general,China's bankruptcy restructuring system in practice is not a good effect.In the international community,the United States has spontaneously formed a pre-reorganization system in the relevant judicial practice that can solve these negative effects,and the pre-reorganization system not only combines the advantages of traditional reorganization system and out-of-court reorganization,but also avoids the drawbacks of the two,which embodies great advantages in practice,and many countries have begun to follow suit.Have achieved good results.With the continuous development and improvement of the pre-reorganization system,the pre-reorganization system has gradually become a new way to save troubled enterprises,but also meet the objective needs of establishing diversified rescue enterprises,and more and more attention and research by various countries.In view of the problems existing in the implementation of China's bankruptcy reorganization system,this paper argues that China should also introduce a pre-reorganization system to help the troubled enterprises rejuvenate.This paper will be divided into three parts to discuss the introduction of pre-reorganization system in China.The first part mainly discusses the basic theory of the pre-reorganization system.Firstly,it discusses the definition of the concept of pre-reorganization system by scholars at home and abroad,then analyzes the theoretical basis of pre-reorganization system,and finally analyzes the advantages of pre-reorganization system compared with traditional reorganization system and out-of-court reorganization,which provides a theoretical basis for the introduction of pre-reorganization system in China.The second part mainly analyzes the extraterritorial pre-reorganization system.Firstly,this paper makes a detailed analysis of the pre-reorganization system between Britain and the United States,and compares it,and then evaluates the pre-reorganization system,so as to provide a reference for the later suggestions to introduce the pre-reorganization system in China.The third part is mainly the suggestion of introducing pre-reorganization system into our country.This is also the most important part of this article.Firstly,this paper discusses the necessity of introducing pre-reorganization system in China,then discusses the feasibility of introducing pre-reorganization system in China,and finally puts forward some suggestions on the introduction of pre-reorganization system in China,including the system guarantee of pre-reorganization,the procedural specification of pre-reorganization,the degree of enhanced information disclosure,Attach importance to the role of the creditor committee and balance the interests of all stakeholders.