Restriction And Protection Of Security Interest In Bankruptcy Reorganization

As an important part of modern civil law system,security interest system has been an important system in civil law since Roman law,which can effectively promote commodity trading and ensure the realization of creditor's rights.Security interest under the bankruptcy reorganization system is different from security interest in the general sense of civil law.This reflects the value orientation of reforming system which focuses on protecting social interests.There is a conflict between the value goal of the realization of creditor's rights guaranteed by security interest and the value goal of bankruptcy reorganization to promote debtor's recovery and protect social interests,scientific system design is needed to coordinate the conflict between the two in order to achieve the balance of many interests.This paper adopts the literature research method,through the way of searching relevant literature,to understand and analyze the restriction and protection of security interest in the bankruptcy reorganization system,and at the same time,it makes a comparative analysis by referring to relevant works and relevant provisions of foreign legislation,so as to have an in-depth understanding of the overall picture of the subject.The article is divided into four parts.The first part introduces the existing problems in China's current bankruptcy law.The second part through the introduction of the Anglo-American law system of the United Kingdom and the United States,the continental law system of Germany and Japan on the issue of specific provisions for our country to improve the restructuring system to provide reference.The third part expounds the balance of the reorganization procedure to the restriction and relief of security interest,and analyzes the necessity of the restriction and protection of security interest under the bankruptcy reorganization system from the perspective of jurisprudence,so as to reconcile the contradiction between the two systems and promote the reorganization system and security interest system to play their due value.The fourth part elaborates and perfects the restriction and protection rules of security interest in bankruptcy reorganization from the perspective of comparative law interpretation and theoretical interpretation.