Research On The Protection Of Dissenting Creditors In Bankruptcy Reorganization

The purpose of bankruptcy reorganization system is to save the enterprises in trouble and help them to solve the current problems,so that they can get the hope of rebirth.Therefore,in the process of bankruptcy reorganization,it is not only necessary to consider the interests of creditors,but also needs to take into account the interests of many parties,such as the placement of workers,regional economic development,government tax,social stability,so as to maximize the overall interests of society.It is precisely because the reorganization process needs to take into account the interests of multiple parties,so there must be conflicts in balancing the interests of all parties.In this context,the most important normative document reorganization plan in reorganization procedure,in the process of its adoption and approval,the technical voting rule is added,that is,"the minority obeys the majority+ the capital majority" rule,which gives the court certain power,that is,the compulsory approval right.To a certain extent,the system design after weighing the interests of many parties deprives the freedom of the dissenting creditors who have objections to the reorganization plan.Therefore,in the process of bankruptcy reorganization,the interests of dissenting creditors are easy to be infringed,so how to protect the interests of dissenting creditors in other system design is particularly critical.The first chapter defines the concept.In order to better study the dissenting creditors in the bankruptcy reorganization,this paper analyzes the types of dissenting creditors.Firstly,the research object of this paper is determined,and the concept of dissenting creditors in bankruptcy reorganization is defined.After that,according to different circumstances of bankruptcy reorganization,dissenting creditors are divided into individual dissenting creditors and group dissenting creditors.According to whether the creditor is secured or not,the dissenting creditor and the ordinary dissenting creditor that the creditor is secured by property are also included.In addition,it introduces the necessity of protecting dissenting creditors in bankruptcyreorganization,which paves the way for later discussion.The second chapter raises questions.Based on the analysis of the current legislation and judicial practice of dissenting creditors in bankruptcy reorganization,it is found that the system protection for dissenting creditors is insufficient,resulting in a greater risk of damage to the rights and interests of dissenting creditors in bankruptcy reorganization.Chapter three and chapter four are mainly about regression theory,comparing and studying the American bankruptcy law system which is more advanced in the theory of bankruptcy law,respectively introducing the general rules for the protection of dissenting creditors in bankruptcy reorganization,the legal theory behind and the special status and corresponding protection rules of dissenting creditors with property guarantee in bankruptcy reorganization.The fifth chapter puts forward suggestions,respectively from the perspective of the protection of individual dissenting creditors and group dissenting creditors,on the improvement of the current system and judicial practice,in order to achieve the protection of the rights and interests of dissenting creditors in bankruptcy reorganization and make the bankruptcy reorganization system more perfect.