A Perfect Path To The Approval System Of Enterprise Bankruptcy Plan

The court's approval of the reorganization plan is the necessary prerequisite for the reorganization plan to take effect.The effective reorganization plan will have legal binding force and enforcement force on all the reorganization stakeholders,and will have a significant impact on the interests of the related reorganization stakeholders.Among them,according to whether the reorganization plan has been reorganized stakeholders voted through the meeting,the review of the court can be divided into normal approval and compulsory approval.Normal approval,voted for the reforming of interested party meeting,form embodies the reforming interested party a high degree of autonomy,so the court also favour only formal review,this seemingly underscores the reforming participants between the private rights of autonomy and judicial unification between public rights confirmation,but this kind of censorship is also often overlooked by most definitely a handful of reforming the interested participants reasonable demands.At the same time,the court's review of the reorganization plan is formalized and easy to connive in the use of circumvention of the law to promote the adoption of the reorganization plan,away from the original intention of the reorganization system;And the court's compulsory approval is in reforming interested party meeting voting through reorganization plan,court ruled by using public power to enforce approved reorganization plan,in order to make effective reorganization plan of the enterprise to save system,court to safeguard social public interests and violate the autonomy of reforming party meeting,highlights the reforming private rights of autonomy and judicial public rights for participants to identify the contradiction between,social and public interests are often disguised abuse,compulsively in approved review process prior to the reorganization plan is difficult to neutral judge objectively social and public interests,Often at the expense of the interests of most individuals to fill the form of the integrated interests of the social in the form of the debtor's financial loopholes,and our country's enterprise bankruptcy legislation did not object to the reorganization of the parties to provide a viable way of relief,resulting in the restructuring process creditors and debtor enterprises and even the sharp contradictions between the court.These problems show that the bankruptcy legislation of China on the reorganization of the approval system of the provisions to be further improved.Therefore,it is necessary to rethink and reconstruct the approval standard of reorganization plan.In addition to the introduction and conclusion,this paper can be divided into five parts:The first part mainly summarizes the basic theory of the plan approval system of the bankruptcy reorganization of Chinese enterprises.Among them,mainly elaborated the enterprise bankruptcy reorganization plan related concept,the characteristic and the legal category.After that,the commonness and boundary of the court in the normal approval and compulsory approval of the reorganization plan are emphatically introduced,and it is pointed out that the court should focus on the review of the illegality hindrance in the normal approval of the reorganization plan.The premise of compulsory approval is to follow the dual principle of safeguarding social public interests and protecting the interests of creditors.This part aims at pointing out the rules and purposes that the court should grasp when reviewing and approving the reorganization plan from a higher level.The second part focuses on the function and value orientation of the reorganization plan approval system,and points out the deviation between the reality and the purpose of the system.These basic theories are the logical starting point of the whole bankruptcy reorganization plan approval system.The third part uses the case study method to analyze and summarize the current legislative provisions and existing problems of the enterprise bankruptcy reorganization plan approval standard system.According to the statutory categories approved by the court for normal approval and compulsory approval,the respective approval conditions and problems existing in the practice are separately elaborated,laying a foundation for providing a sound path for the following.The fourth part mainly uses the method of empirical research to propose a feasible and perfect path for the problems of the third part of the court's normal approval of the reorganization plan,which are specifically discussed from two aspects: the bankruptcy legislation and the court review behavior.The fifth part uses the method of comparative study,draws on the provisions of relevant foreign legislation and combines the reality of our country,from the program to the institutional design of the entity,to provide a practical and feasible path for the third part of the court to force approval of the reorganization plan.