The Comparative Study On Debtor's Self-management System In Bankruptcy Reorganization

The bankruptcy legal system had sprouted as early as the Roman law period.After several centuries of development and evolution,its functions are no longer satisfied with simple debt settlement,and procedures such as reconciliation and reorganization have been created.With the change of years,the focus of the current bankruptcy laws of various countries has also shifted from traditional bankruptcy liquidation to bankruptcy reorganization.A number of countries represented by the United States have successively created and continuously improved the legal system with national characteristics.From the time axis of historical coordinates,this line runs through representative countries of the United States,Britain,Germany,and Japan.The law must keep pace with the times,as does the Chinese bankruptcy law.Since China first set up the debtor self-management system cited in the DIP system in the US Bankruptcy Law in the 2006 Enterprise Bankruptcy Law,it has been implemented for more than ten years.However,it has been criticized by both the system legislation level and the judicial practice level.Think of it as a failed introduction system.One function of comparative law is to realize the modernization of law,which requires us to base on the practice of our country 's bankruptcy law,keep pace with the times,between the debtor self-management system in foreign bankruptcy reorganization,and between China and foreign bankruptcy reorganization debtor self-management system The legislation.From the perspective of comparative law,the composition,development process,and special design of the debtor's self-management system in the bankruptcy laws of various countries are interpreted to provide reference and ideas for the improvement of China's system.Therefore,according to the current reform status of the debtor self-management system in China,the representative American DIP system,the German self-management system,and the Japanese civil regeneration system are selected from their model characteristics,cause analysis,and application.Comparative analysis of conditions,power allocation and risk avoidance,etc.,to explore its laws and experiences,and use its merits as a reference.Finally,from the perspective of strengthening legislation and improving the restriction mechanism,in terms of applicable conditions,power allocation,supervision system and Several suggestions are made in four aspects of the principle of liability,hoping to realize the system value at an early date and benefit the troubled enterprises in the bankruptcy crisis.