On Legal Protection Of Exclusion Right In Bankruptcy Reorganization Procedure

The right of exclusion refers to the right of individual and priority to be paid for a certain property of the bankrupt not in accordance with the bankruptcy procedure.As a special concept in the bankruptcy law,the right of exclusion is mainly based on the property security system in the civil law,which can be understood as the general name of the real right of security in the bankruptcy law.The exercise process of the right of exclusion is not smooth,it is unimpeded in the bankruptcy and liquidation procedures,but it is restricted in the reorganization process.The main reason is the conflict between the exercise of the right of exclusion and the value of reorganization.Bankruptcy reorganization system can protect the interests of thousands of users to the greatest extent,and become the only chance for enterprises to develop again when they are on the verge of bankruptcy.The system of exclusive right guarantees the creditor's rights guaranteed by real right,which makes some creditors get more relief than ordinary creditors when the debt enterprise goes bankrupt,which is more conducive to protecting the interests of creditors.It is worth mentioning that the above two different ideas will produce value contradictions in the actual implementation of the reorganization of enterprises,specifically reflected in how to balance the rights and interests of stakeholders,which remains to be discussed.Based on the current situation,there is no definition of the right of separation in the enterprise bankruptcy law,so the theory of the right of separation still lacks a unified standard,and scholars from all walks of life have different understandings.At the same time,under the current legal system of our country,the right of exclusion is restricted to some extent in the bankruptcy proceedings,especially in the bankruptcy reorganization proceedings.This will be particularly important for all stakeholders to play a better role in the restructuring process.Especially in 2019 the national work conference on court in civil and commercial trial notes,although not give the right of exclusion from the perspective of judicial interpretation more perfect more detailed provisions,but the right of exclusion in bankruptcy reorganization of the legal protection problems to give more guidance,this gives us thinking right of exclusion in bankruptcy reorganization provides more references for the legal protection issues.The research content of this paper is how to give legal protection to the exercise of the right of separation in the bankruptcy reorganization procedure.The first chapter of the basic theory of the right to exclude a detailed analysis;The second chapter puts forward the present situation and problems of the exercise of the right of exclusion in the bankruptcy reorganization procedure.The third chapter mainly discusses the legal system of overseas bankruptcy reorganization.Chapter four puts forward some countermeasures to protect the interests of users in the use of the right of exclusion in bankruptcy proceedings.