Research On Applicable Conditions Of Bankruptcy Reorganization

Bankruptcy law is a practical law,which needs to coordinate the relationship between multiple participants and achieve an effective balance of the interests of relevant parties on the premise of fairness,justice and efficiency.The three procedural systems under the bankruptcy system play different roles in the bankruptcy reorganization of enterprises,among which the reorganization system is still in practice and exploration.Although the rapid development of China’s social economy promotes the accumulation of judicial practice experience year by year,there are few legal norms for the applicable conditions of the reorganization system,and the court frequently explores and innovates in the application in accordance with the bankruptcy law relief principles and meeting minutes or opinions,which obviously cannot meet the needs of the reorganization practice.The defects of reforming the legislation of applicable conditions lead to the problems of scattered theoretical research,lack of systematization,and difficult unification of judicial application standards.This paper is divided into three chapters and systematically discusses the applicable conditions for reforming in order to provide theoretical support for the corresponding practice:Chapter one,theoretical research on applicable conditions of bankruptcy reorganization.This paper discusses the connotation and extension of applicable conditions of bankruptcy,defines the concept of applicable conditions of reorganization,analyzes the factors of applicable conditions of reorganization,and on this basis divides the boundarybetween applicable conditions of reorganization and applicable conditions of other bankruptcy systems.The second chapter,discusses problems and defects in restoring the applicable condition,on the one hand,from the perspective of applicable condition content,analysis of reforming object,reorganization,restructuring,the shortage of ability and the value of the three,from the perspective of judicial practice to apply on the other hand,analysis the judge discretion,government participation by any defects,indicate the feasible direction for reforming the improvement of the applicable conditions.The third chapter explores concrete improvement measures,including both internal regulation measures and external safeguard measures.In terms of internal regulation measures,the author first discusses the specific scope of the applicable conditions for restructuring,then proposes improvement measures for the special causes of restructuring that are unclear,and finally makes a tentative summary of the ability and value of restructuring.In the aspect of external safeguard measures,it puts forward countermeasures from restricting discretion and feasibility analysis on the degree of government participation in restructuring.