| The prepackaged system is one of the three rescue systems of the trapped enterprises,which integrates the advantages of the system design of reorganization and bankruptcy reorganization and develops its own unique characteristics.In China,the rescue system of enterprises in difficulty is not perfect,and the bankruptcy reorganization is insufficient in practice,which makes it difficult to fully meet the needs of China’s economic development.China’s current legislation does not establish the bankruptcy prepackaged system,but also left a prepackaged system of survival space.From 2013 to now,local governments and courts represented by Zhejiang,Shenzhen,Beijing and Jiangsu have started to innovate and apply the prepackaged system from two aspects: judicial exploration and practical exploration.Through the practice exploration experience in recent years,in the process of the reorganization system design is in constant perfect,can be the applicability is also growing,but through the case analysis is not difficult to find our prepackaged system used in the practical operation is a lack of unity,high threshold,the parties,the lack of autonomy,the internal and external connection does not reach the designated position,and many other problems to be solved.According to the experience of the domestic practice,our country in constructing a perfect the system of prepackaged in our country should be combined with the current situation of the development of national economy in our country opened up a new build path,should by the supreme judicial through judicial explanation or guidance document form prepackaged enabled condition,create prepackaged management system,standardize prepackaged clearance and disposal of creditor’s rights debt,perfect prepackaged government institute linkage mechanism,information disclosure adequacy and establish the "ban" principle is the basic institutional framework,such as legislative changes and subsequent market perfect work again. |
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