Research On Localization Of Pre-reorganization System

Judicial restructuring system,as one of the core systems of the current "enterprise bankruptcy law",has played an important role in actively saving distressed enterprises.However,limited by the inherent defects of the system and the objective needs of saving the complex and diverse distressed enterprises,the implementation effect of the system presented in practice is unsatisfactory.The introduction of a series of innovative systems such as pre-reorganization system in the current legal framework can give full play to the function of the bankruptcy law,better promote the reform and improvement of the current bankruptcy law system in China,and thus lay a more solid foundation for China's economic prosperity.Pre reforming system combines the judicial reforming system and out-of-court debt restructuring system,it is remarkable in terms of save trouble enterprise shows the utility,a powerful life tension and the application of the vast space,around the world to practice and application,such as America and Britain and other countries have established their own pre reforming system and made relevant procedures.At present,China's pre-reorganization system is still a legal blank,but in practice has been in spontaneous use,such as shenzhen fuchang electronic bankruptcy reorganization case,nengtong technology bankruptcy reorganization case.The introduction and construction of the pre-reorganization system is particularly urgent in the context of the new normal of China's economy.The text is mainly divided into the following four parts:The first part is the conceptual analysis of pre-reorganization system.Starting from the introduction of the concept of pre-reorganization system,the historical background,comparative advantages and the value of its existence are introduced,so as to form a complete and clear understanding of pre-reorganization system.The second part is the comparative study of pre-reorganization system.This paper introduces the legislation and operation of the pre-restructuring system in the United States,the United Kingdom and Japan,and summarizes the general system composition of the pre-restructuring system,so as to provide sufficient international experience for the establishment of the pre-restructuring system in China.The third part is the domestic development status of pre-reorganization system.On the one hand,the judicial documents and practices related to the pre-reorganization system are analyzed in depth.On the other hand,it summarizes the practical difficulties in China's pre-restructuring practice and strengthens the pertinence of the pre-restructuring system with Chinese characteristics.The fourth part is the construction of our pre-reorganization system.In view of the current legal environment in China,the author proposes to regulate the pre-reorganization system by means of judicial interpretation or administrative rules and regulations.On the basis of drawing lessons from the relative operational maturity of the pre-reorganization system in foreign countries and combining with the actual situation,the author puts forward the program operation design of the pre-reorganization system in China,and expounds the key issues in the construction process of the pre-reorganization system.