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Research On Protection Of Investors' Rights And Interests In Bankruptcy Reorganization Of Listed Companies

Posted on:2021-05-04Degree:MasterType:Thesis
Country:ChinaCandidate:J S LiFull Text:PDF
GTID:2416330602987944Subject:legal
Abstract/Summary:PDF Full Text Request
The rapid development of the practice of bankruptcy and reorganization of listed companies has gradually triggered reflections on the protection of the rights and interests of the reorganization participants.This essay focuses on,the protection of the rights of investors in the process of bankruptcy reorganization of listed companies.Combining the relevant theories of bankruptcy law and the current practice of bankruptcy reorganization of listed companies in China,it aims to study the protection of investors' rights and interests explores the current problems of the protection of investors' rights and interests by examining the current legislative and judicial practice of the protection of investors' rights and interests in listed companies in China,and proposes suggestions for improvement through comparative analysis and reference to excellent legislative experience in different jurisdictions.Specifically,the full text is divided into four parts:The first part is an overview of the rights and interests of investors in the bankruptcy and reorganization process of listed companies.It mainly introduces the concept,particularity and connotation of the bankruptcy and reorganization of listed companies by comparing the bankruptcy and reorganization of listed companies and non-listed companies.The second part introduces the legislative status and judicial practice status of investor rights protection in listed companies' bankruptcy and reorganization procedures,and puts forward such problems as limitations as the right to apply for reorganization of investor,weakening the right to reorganize participation and lack the remedy of cram down by the court,and analyze the consequences of the problem with the help of typical cases.The.third part mainly conducts horizontal comparisons between different jurisdictions.Under the listed company's bankruptcy and reorganization,the investor's rights and interests protection system,taking the United States,Japan and Chinese Taiwan as examples,from the perspective of reorganization of application rights,reorganization of participation rights and cram down.The fourth part addresses the issues raised in Part two and combines some of the excellent legislative experience in different jurisdictions,from three aspects:the cancellation of the time limit conditions for investor reorganization applications,the improvement of investor reorganization participation rights,the regulation of courts to cram down,and conducts feasibility analysis on the suggestions.
Keywords/Search Tags:Listed Company, Bankruptcy Reorganization, Investor Rights
PDF Full Text Request
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