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Research On Interest Balance Of Bankruptcy Reorganization System

Posted on:2021-07-11Degree:MasterType:Thesis
Country:ChinaCandidate:J W ZhengFull Text:PDF
GTID:2506306131979929Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
The bankruptcy reorganization system has been successively established in the bankruptcy laws of various countries,achieving a transition from bankruptcy and liquidation to reconstructionism as the core,and also represents from simply protecting the rights of creditors to paying attention to the interests of debtors,and then to safeguarding the interests of the society.The transformation,accompanied by this transformation,is a fierce conflict of interest in the bankruptcy reorganization,and the bias of the law to any party means the sacrifice and limitation of the other party’s interests.Therefore,it is necessary to realize the bankruptcy law in constantly balancing various conflicts of interest.Legislative value.This article focuses on the conflicts of interest among multiple stakeholders such as creditors,debtors and reorganization investors,and aims to improve the legislation of the bankruptcy reorganization system.Through value analysis,empirical analysis and comparative research,the balance of interest in bankruptcy reorganization is analyzed.Of the importance and feasibility of the bankruptcy reorganization.It is believed that there are conflicts and common interests in the bankruptcy reorganization.Conflicts contain the possibility of win-win for multiple parties.It is necessary to adhere to the balance of interests in legislative regulations and court practice,consider the interests of various interest subjects,and achieve bankruptcy.The legislative purpose of reorganizing the system to save enterprises to safeguard social interestsIn addition to the introduction and conclusion,this article has four chapters.The first chapter expounds the definition of bankruptcy reorganization and balance of interests,briefly introduces the basic situation of bankruptcy reorganization including concepts,features,values,theoretical foundations,and defines the balance of interests,and then analyze Embodiment of the balance of interests in bankruptcy and reorganization;Chapter two reveals the diversified interest patterns and conflicts in bankruptcy and reorganization,and introduces the debtors,creditors,and investors of reorganization of multi-stakeholders in bankruptcy and reorganization And the government’s respective interest claims,analyze the conflict pattern between the stakeholders,including conflicts between creditors and debtors,conflicts of interest within creditors,reorganization of conflicts of interest between investors and other parties,and reorganization of conflicts between parties and social interests;Chapter three analyzes and analyzes the balance of interest in bankruptcy reorganization from multiple angles,and comprehensively uses value analysis,empirical analysis,and comparative analysis to analyze the balance of interests in bankruptcy and reorganization in multiple angles;chapter four explores the realization of the balance of interests in bankruptcy reorganization,demonstrates the institutional framework for realizing the balance of interest in bankruptcy reorganization,and proposes legislative proposals for bankruptcy reorganization;the conclusion is the conclusion,reiterated that bankruptcy reorganization system is inseparable from the interests of balance,the reforming process is a conflict of interest with the interest to achieve.
Keywords/Search Tags:bankruptcy reorganization, balance of interests, debtor
PDF Full Text Request
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