On The Application Of Security Real Right In Bankruptcy Reorganization Procedure

The real right system for security and the bankruptcy reorganization system have important values in their respective legal categories.Bankruptcy reorganization system is conducive to the protection of the overall interests of society,so that enterprises on the verge of bankruptcy have the possibility of revival.The system of real right for security is the practice of the principle of priority of real right in Roman law.The creditor's right secured by real right can get more relief than the general creditor when the debtor enterprise goes bankrupt.These two different system concepts may produce value conflicts in the implementation of enterprise reorganization procedures.How to make choices to balance the interests of all parties deserves consideration.Analyzing the bankruptcy reorganization procedure of our country,we can see that our country tends to protect public interests from the value orientation,chooses to bankruptcy reorganization procedure,and restricts the security real right involved in the bankruptcy reorganization procedure,but the relevant legal provisions do not blindly restrict the security real right.How to formulate the applicable legal norms of bankruptcy reorganization procedure and how to refine the relevant legal norms in order to make the operation of the relevant norms more rigorous still need further study.Although the bankruptcy reorganization system has taken the first chance in the game with the security system,the restriction on the creditor's rights of the secured real right is in the final analysis the restriction on the action of exercising the security real right,and can not cause substantial harm to the substantive right by restricting the form of the security real right.The research content of this paper is how to perfect the restriction rules of security interest in bankruptcy reorganization procedure.The first part of this paper makes a detailed analysis of the bankruptcy reorganization system and the security real right system.The second part puts forward some problems in the restriction of the security real right in the bankruptcy reorganization procedure of our country.China's bankruptcy reorganization legal system draws lessons from the relevant provisions of foreign bankruptcy law.Although the relevant legal provisions restricting the security interest in bankruptcy reorganization procedure meet the practical requirements to a certain extent and conform to the development trend,the provisions are relatively general and broad,lacking specific and detailed operational norms,which makes it easy to find the appropriate laws and regulations in practice.Use the basis of the situation.The third part of this paper analyses the typical legal system of bankruptcy reorganization in foreign countries.The fourth part puts forward some suggestions on how to improve the restriction of security interest in bankruptcy reorganization procedure.