Research On The Legal Issues Of Pre-reorganization Of Distressed Enterprises

How to get the troubled enterprises out of the predicament and revitalize their vitality has always been a concern of academic and judicial practice.At present,there are two main mechanisms for the dilemma enterprises to get rid of.One mechanism involves the intervention of judicial power,which is represented by the bankruptcy reorganization system.The other mechanism does not involve the judicial power to intervene,which is based on the autonomy of the parties.These two mechanisms in terms of save trouble enterprises played a huge role,but the point of view,from the practice of recent predicament enterprises gradually present a complex diversity,existing mechanisms and cannot completely solve the problem of enterprise to erase,mechanism defects have been revealed,enterprise saving mechanism needs to be further perfect to cope with the complex diversity of predicament in the practice of enterprise.Western developed countries earlier aware of the importance of improving the save trouble enterprise mechanism,the prepackaged program arises at the historic moment,represented by the United States,not only in the practice of using prepackaged program to fill the existing predicament enterprise saving mechanism of defects,is still in legislation of prepackaged program confirmed,this also for the perfection of the dilemmas in our country enterprise saving mechanism provides a good reference.Because legislation often lags behind the practice,although now have appeared in the reforming practice applicable cases,in the process of the enterprise reorganization process to erase but make confirmation on the prepackaged our law is not clear,leading to prepackaged process is not known to the public.In this article,through an introduction to the advantages of prepackaged,and combed the plight of the current predicament enterprise saving mechanism,this paper expounds the construction of prepackaged system in China's law,and generalizes the foreign related legislation in the process of the reorganization system,through the comparison of the legislation of different countries to advance reforming in combination with the practical situation of our country,in order to provide thepossibility for running in the process of the reforming in our country.This paper is divided into three parts: introduction,text and conclusion.The introductory part introduces the background and significance of this thesis,and summarizes and summarizes the literature about Prepackaged at home and abroad,and introduces the research methods of the article.There are four chapters in the body part:The first chapter is an overview of the prepackaged legal system is to explain what kind of system the prepackaged system is and how it differs from the existing system.Firstly,the concept of prepackaged is expounded,its characteristics are clarified,and its classification is introduced to strengthen the concept of prepackaged.will be for the restructuring and bankruptcy reorganization system,system of out-of-court restructuring,bankruptcy and liquidation three similarities and differences in relief systems of enterprises on the basis of simple analysis,this paper introduces the preliminary reorganization legal system compared with the advantage of the current predicament enterprise saving mechanism,provide new ideas for the reform of the system of our country,it also analyzes the theoretical basis of prepackaged,from the concept of prepackaged to its theoretical basis to carry on the comprehensive introduction.The second chapter elaborates the opportunity of constructing prepackaged system in China.First of all,we analyze the defects of the rescue mechanism of the current predicament in our country,and then explain that the rescue mechanism needs to be perfected in order to fully realize the predicament of enterprises.Secondly,analyzes the feasibility of the construction of prepackaged system in China,the introduction of the new system must have the suitable soil,our country to advance the introduction of the reorganization system provides legal support.Finally,in view of our country has been prepackaged vivo into bankruptcy reorganization case and case zhejiang China double group bankruptcy reorganization case,in affirming its positive significance on the basis ofthe analysis of the problem is exposed,raises the importance of establishing the system of prepackaged on legislation.The third chapter introduces the provisions of the foreign Prepackaged system and provides reference for the construction of Prepackaged system in China.Mainly introduced the United States,Japan and the UK according to law,in the process of the reforming from the Angle of the program is running on the foreign related legislation in the process of the reorganization system,through the comparison of the legislation of different countries to advance reforming in combination with the practical situation of our country,in order to provide the possibility for running in the process of the reforming in our countryChapter fourth is a detailed introduction to how to build a Prepackaged system in China.Need to build Prepackaged system in China from two aspects,not only need in law to establish preliminary reforming government and the courts also need to cooperate and support,and the specific practice of these two aspects to provide the suggestion.