On The Protection And Restriction Of Shareholders' Rights In Bankruptcy And Reorganization

Shareholders,as one of the stakeholders in the reorganization of enterprises,shareholders are also natural persons.Natural persons have the essence of seeking benefits and avoiding harm,which will lead them to actively cooperate with the enterprise to successfully complete the bankruptcy reorganization,and only successfully complete the reorganization.The shares in its hands will not depreciate to zero,so that its investment will recover or even add value.Therefore,shareholders have the subjective willingness and driving force to serve the enterprise reorganization.Therefore,they pay due attention to the rights of shareholders and protect them.They include shareholders in the enterprise reorganization,wave their own advantages,and serve the enterprise reorganization.At the same time,shareholders 'profitability will lead shareholders to subconsciously harm the legitimate rights and interests of other stakeholders in order to protect their own rights and interests,such as corporate creditors,other shareholders,shareholders' managers,etc.,so that the shareholders 'rights should be reasonably limited.Only in this way can we ensure that the bankruptcy reorganization of the enterprise can proceed smoothly and realize the Nirvana rebirth of the enterprise.Although the legal status of shareholders in the enterprise is clearly stipulated in the "Enterprise Bankruptcy Law of the People's Republic of China",it is more general about the specific rights enjoyed by shareholders in bankruptcy reorganization.At present,most scholars in China regard the rights and interests of creditors as the object of study,and study the rights of shareholders less,although there is some research,but most of the time in the discussion of other issues in the context of incidental lead,lack of systematic and in-depth research.The purpose of this article is to protect the rights of shareholders and make reasonable restrictions so that they can play an active role in the bankruptcy reorganization of the enterprise and provide assistance for the bankruptcy reorganization of the enterprise.