The Present Situation And System Construction Of Pre-reorganization In China

The traditional restructuring system and out-of-court restructuring system,as the important mechanism to save the enterprise,should be regarded as the norm of the rebirth of the troubled enterprise.The collision between the system design and bankruptcy practice shows that the traditional system presents unsatisfactory or even widely different implementation effects,and the function of bankruptcy reorganization system needs the construction of pre-reorganization system.On the basis of theoretical discussion and empirical analysis,this paper puts forward the construction idea and system design of China's pre-reorganization system.Besides the introduction and conclusion,this paper is divided into four parts:The first part is the basic understanding of pre-reorganization.The basic process and system advantages and disadvantages of hybrid program and pre-reforming are analyzed and introduced in detail to lay the knowledge foundation for the analysis and construction of this paper.The second part is the development status and problems of China's pre-reorganization.Through the empirical analysis of 46 pre-reorganization cases in China,it is found that there are three forms of pre-reorganization spontaneously formed in judicial practice,such as lack of clear guidance of legal norms,unclear boundaries between transformational and pre-reorganization,and absence of independent professional institutions.The third part is the overseas pre-reorganization rules for reference.Based on the introduction and simple comparison of the pre-restructuring rules of the United States,the United Kingdom,Japan and South Korea,it is proposed that China should learn from the beneficial rules of foreign countries in terms of the pre-restructuring guide,information disclosure and estoppage,and the solidification of the negotiation results in the pre-restructuring stage.The fourth part is the concrete construction of our country's pre-reorganization system.From the part of the court construction ideas,legislative ideas,localization and other aspects of the construction of the thinking direction,the pre-restructuring mode selection,the selection of the guide,pre-restructuring and the link of the traditional restructuring as the focus of the construction,in the direction of guidance and focus on the basis of the specific system design.At the same time,the efficient and orderly operation of the pre-reorganization system is also inseparable from the follow-up and improvement of the government-courtyard linkage mechanism,investor recruitment mechanism and hearing mechanism.