Research On The Protection Of Creditors' Interests In Bankruptcy Reorganization In China

With the development of market economy and the change of enterprises,the insolvency of some enterprises is on the verge of bankruptcy in the wave of development and change.Therefore,the bankruptcy law introduced the bankruptcy reorganization system in 2006.Since the implementation of the bankruptcy reorganization system in 2006,the effect has been remarkable,saving endangered Enterprises,balancing multiple interests,with certain economic and social benefits.However,in judicial practice,the protection of bankruptcy reorganization system to the interests of creditors is slightly insufficient.First of all,this paper explains the connotation of the bankruptcy reorganization system through comparative analysis,analyzes the theoretical basis of the bankruptcy reorganization system from the perspective of law economics and law sociology,and clarifies the connotation and legal basis of the reorganization system,this is not only to demonstrate the necessity of the establishment of the bankruptcy reorganization system,but also to prove the legitimacy of the protection of the interests of creditors in the bankruptcy reorganization system.Secondly,it is to explain the legal relationship in the reorganization creditor's rights,explore the types of reorganization creditor's rights,clarify the rights and obligations of the main body in the reorganization system,this provide the original theoretical support for the analysis of the insufficient protection of the creditor's interests in the reorganization practice.Through the overview of reorganization claims,analyzes the conflict of interest subjects in reorganization.This paper explains the legitimacy of the reorganization system based on the balance of interests.It is the realistic possibility for the creditors to obtain the maximum debt repayment based on their own interests and realize the economic benefits and social values because of maintaining the production and operation of enterprises.Thirdly,it analyzes the current situation of different systems in different stages of bankruptcy reorganization to protect the interests of creditors,and finds that the lack of relevant supporting provisions of reorganization system to protect the interests of creditors,makes the system difficult to adapt to economic development.Finally,on the basis of referring to the relevant norms of the overseasbankruptcy reorganization system,we further optimize the system design for the protection of the relevant interests of creditors in our bankruptcy reorganization system.