| The enterprise bankruptcy law of our country currently in effect stipulate that the three kinds of bankruptcy,liquidation,bankruptcy reconciliation and reorganization,different applications have different legislative intent,bankruptcy and liquidation program emphasizes the market clearing,settlement of bankruptcy,restructuring program focuses on enterprises save dilemma,but compared to the bankruptcy settlement procedures,restructuring program is more complicated,also on the court,the administrator,debtors,investors and other participants put forward higher requirements.With the constant changes of social environment and the continuous development of market economy,as a supplement to the restructuring system,the pre-restructuring system came into being.At present,each place tries first,forms the court order to accept the enterprise before the reorganization pre-court reorganization,the bankruptcy liquidation to the reorganization process pre-court reorganization,as the pre-court reorganization process pre-court reorganization three modes.The three types of pre-restructuring models have their own advantages and disadvantages,but they are not completely independent.How to combine different cases to enhance strengths and avoid weaknesses is also a problem that bankruptcy practitioners have been thinking about.In this regard,whether it is possible to analyze and draw lessons from the mature legislation and provisions of the United States,the United Kingdom,Japan and other countries to put forward relevant Suggestions on the improvement of China’s pre-restructuring system is also the discussion content of the author in this paper.From the perspective of comparative law,there are various pre-restructuring models,including the narrow pre-restructuring in the United States,the standard out-of-court restructuring in Japan,and the preventive restructuring.Reference pre-reforming operating mode and practical experience abroad,and combining with domestic around the court and a trial exploration of bankruptcy administrator in the past two years,the supreme people’s court released on November14,2019,in the national work conference on court in civil and commercial trial summary from bankruptcy,it can be seen that the rules of the degree to rise to the settlement to the attention of the bankruptcy reorganization and liquidation,the court before the restructuring agreement in the subsequent reorganization of the extension also makes the corresponding response.This exploration of the pre-reorganization system will have a far-reaching impact on the future bankruptcy reorganization trial.But for the judicial practice of our country,pre-reorganization is still a new system,there are still a lot of practical problems need the support of the highest legislation,but also need the legal person to give play to the wisdom of the legal person,one by one to solve.In this paper,the author is divided into four chapters to analyze the advantages and disadvantages of the three kinds of pre-reorganization models in the framework of domestic bankruptcy procedures,and at the same time to analyze and draw lessons from the provisions of comparative law in order to put forward operable constructive Suggestions and Suggestions for the development and improvement of China’s pre-reorganization model. |
