On The Restriction And Protection Of Secured Creditor's Rights In The Reorganization Procedure

Bankruptcy reorganization system is an important innovation of corporate legal system and plays an important role in the history of the development of the world commercial legal system.With the continuous development of China's bankruptcy reorganization system,reorganization system protects the interests of secured creditors has become a focus of academic attention.Since China's bankruptcy reorganization system was established in 2007,it has played an important role in the protection of the interests of secured creditors,but some problems have also arisen in practice.We can not conceal these problems,but we should ask for advice and apply precise measures.If you want to seek the root of wood,you must explore its root cause.In October 2008,the first case of bankruptcy reorganization in China,the Wudaokou case,as the first case of bankruptcy reorganization in China,has great significance in theory and practice.This paper intends to explore the importance of the reorganization system for the limitation and protection of the interests of secured creditors,starting from the Wudaokou bankruptcy reorganization case.This paper analyzes the methods adopted by this system to protect the interests of secured creditors.the limitations of the insolvency reorganization system on the exercise of security rights,and the voting and approval of the draft reorganization plan by the secured creditor,To visit the problems of the limitation and protection of secured claims in China's reorganization proceedings,the lack of commencement of reorganization proceedings,the lack of necessary supervision by secured creditors,and the lack of the necessary mechanism for balancing claims,and to address these problems.This paper puts forward some suggestions on the limitation and protection of secured creditor's rights in China's reorganization procedure.The author believes that if we want to solve the dilemma of the protection and limitation of secured creditor's rights in China's reorganization system,we must learn from the advanced experience of various countries in the world and combine the current situation of China's economic and social development and the need of commercial system reform.The scope and conditions of the reorganization,the addition of the main body of the reorganization,the improvement of the supervision mechanism and the improvement of the compensation mechanism will eventually promote the improvement of the bankruptcy reorganization system,taking into account the interests of all parties in the reorganization.