Research On The Protection Of The Rights Of Secured Creditors In Bankruptcy And Reorganization

In the bankruptcy reorganization of enterprises,China’s "Enterprise Bankruptcy Law" is to save the reorganization enterprise.Under the circumstances that the secured creditor group normally passes the reorganization plan,the exercise of the rights of the corporate secured creditor is strictly restricted,but the corresponding rights of the secured creditor are not given.Protection and relief system.Although this is conducive to the reorganization of enterprises,it clearly violates the basic principle of fairness.The law should strive to balance the balance between enterprise restructuring and the protection of the rights of secured creditors.The severe restrictions on the rights of secured creditors will cause various risks in market transactions.The secured creditors of enterprises will inevitably require more stringent guarantee conditions because of these potential risks,which is not conducive to the efficient and healthy development of the market.China’s "Enterprise Bankruptcy Law" should strengthen the legal protection of secured creditors in bankruptcy and reorganization,and make specific provisions on the scope of rights guarantees and the conditions for the restoration of rights;the different interest-bearing secured claims should be differentiated accordingly.Empower the relief system;at the same time improve the relief mechanism of the secured creditor in the process of enterprise restructuring.