Research On The System Of Small Claims Group In Bankruptcy Reorganization

There are practical problems in the system of small-amount creditor's rights group,but the utilization rate declines in practice,so it is necessary to provide ideas for the solution of the problem,so as to make it better play its legal value.Firstly,the nature of the restructuring plan is defined as "contract",so the intention autonomy should be reflected in the grouping process of restructuring creditors.The grouping of reorganization should follow the principle of "equal treatment of homogeneous creditor's rights" and reflect the legal value of fair treatment of creditors.The group of small claims makes the small creditors who are in a weak position or in other special circumstances separate from each other,pays attention to the demands of these small creditors,and embodies the principle of autonomy of will.;The principle of equity is embodied by separating and grouping these small creditors from ordinary creditors and giving them preferential treatment;While taking into account the principle of fairness,the efficiency of reorganization was improved.However,there are some defects in the system,such as the reflection on whether only small amounts should be treated differently,the inconvenience caused by the disunity between the establishment of small claims and the restructuring plan makers,the difficulty in the definition of small claims,and the possible damage to the system caused by creditors in practice.The above problems may cause the system of small claims group to play its legal value.Therefore,the author analyzes the solution by referring to the grouping system of various countries and the small-amount creditor's rights group system in combination with the small-amount creditor's rights group in China.I found that the grouping mode of the United States,Britain and Germany is similar to its judgment standard and the spirit of "equal treatment of homogeneous claims",and the setters of the grouping and the main body of the restructuring plan are often unified with the bankruptcy practitioners.However,the court's supervision is also necessary for setting up small claims groups.After analyzing the laws of South Korea,France and Japan,it is found that they pay much attention to the weakness of small creditors,and even take the way of paying off small creditors in advance as their protection.Although China does not pay off small creditors in advance,its attitude of protecting small creditors from the perspective of the weak to achieve social equity should be studied.Among them,both Germany and France have fixed calculation methods or values for the definition of small-amount creditor,which actually reflects from the side that when the amount of creditor is as small as the legal provisions,it has been recognized as weak by the law,so the small-amount creditor group system can be applied.This makes it clear that sometimes the creditor can be treated favourably just because of the amount of the claim.It is suggested that the right to set up the group of small claims should be given to the administrator in advance so as to promote the principle of efficiency.The court shall conduct preliminary examination and provide corresponding opinions and hold the final decision power,which is the judicial authority's confirmation of the grouping of small creditors and will not cause actual damage to the court's control over the setting of small creditors.The establishment of the demarcation line of small claims should give consideration to fairness and efficiency,and can be determined comprehensively according to the actual situation of the creditor's weakness,instead of adopting technical means.When the creditor abandones or assigns the creditor's right and causes damage to the implementation of the small-amount creditor's right group,the way of restricting the creditor's action should also be adopted to solve the damage to the operation of the small-amount creditor's right group system.If it cannot be restricted,it should not be given the special preferential treatment applicable to the small claims group.