The Protection Of Private Claims In Corporate Debt Restructuring

Debt restructuring is a way for enterprises to solve debt problems,while preserving enterprises and realizing creditor's rights at the same time.To solve the problem of debt crisis,creditors have special advantages in realizing creditor's rights,which is favored by many enterprises who are in debt crisis.Foreign research on debt restructuring is relatively mature,it is directly reflected from a large number of legislation on debt restructuring,the domestic research on debt restructuring has increased in recent years.This paper analyzes the concept and mode of debt restructuring,compares debt restructuring with bankruptcy reorganization,and studies the formation,characteristics,classification of civil debt in debt restructuring,the comparison with financial claims,the necessity and particularity of protection,which makes the characteristics of the debt restructuring more clearly displayed.This paper also examines the current situation of the protection of civil debt in the process of debt restructuring in China,by the three classic case analysis including the experience of Changchun experience "purchase and sale restructuring",Heilongjiang glass factory debt restructuring,Wenzhou Shengyu home textile group debt reorganization,to sum up the experience and lessons for the protection of civil rights.This paper also summarizes the relevant laws of private debt protection in debt restructuring.At the same time,this article returns to the case,through the reason of the crisis of the Huatong system,the debt situation of the Huatong company and the progress of the civil creditor's rights,and summarize the problems that the private creditors should pay special attention to in the process of debt restructuring of the Huatong Department.Finally,from the individual to the general,this paper refines the general questions about the protection of civil creditor's rights in the process of debt restructuring.This paper hopes to study the problem of debt restructuring,especially the study on the protection of the private creditors of the Huatong Department,which is enlightening to the private creditors of the Huatong Department,and also hopes to be extended,which has theoretical and practical significance for the protection of private creditor's rights in the process of debt restructuring for all enterprises.