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Research On The Balance Of Benefits In The Process Of Company Bankruptcy Reorganization

Posted on:2022-06-09Degree:MasterType:Thesis
Country:ChinaCandidate:C Z JiFull Text:PDF
GTID:2506306506470494Subject:Master of law
Abstract/Summary:PDF Full Text Request
Bankruptcy reorganization system in the current rapid changes in the market economy,plays an important role in cleaning up zombie enterprises and saving enterprises with continuous operating value.Especially with the myth of "not surviving listed companies" being broken,the position of the restructuring system in practice has become increasingly prominent.However,the current "Enterprise Bankruptcy Law" for the property value preservation of the reorganization company is not perfect,for the information disclosure system in the reorganization process is relatively general,for the reorganization regulatory system in the reorganization process is not specific enough,leading to a serious conflict of interest in the process of bankruptcy reorganization,the reorganization process is blocked.The reason is that different stakeholders seek the improper interests beyond the bankruptcy reorganization process;the lack of professionalism of relevant judicial judges weakens the due effect;the simplicity of the current system leads to exploit legal loopholes and compete for company control,thus aggravating the conflict of interest.Therefore,the To ease the conflict of interest in the company’s bankruptcy reorganization process,we first need to improve the information disclosure system,Put the related information of enterprises in bankruptcy reorganization in an open and transparent state;Secondly,we should improve the legal scale of judicial power exercise in the judgment of reorganization cases,Make corresponding norms on the boundary of the selection of trial judges and the exercise of judicial power in bankruptcy reorganization;Finally,we should improve the security system construction in the bankruptcy reorganization,From constructing the balance mechanism of interest subjects to standardizing the trading system of bankruptcy claims to restrain the competition for control of the company,To building a reasonable consultation and solution platform,To improve the guarantee system,Finally achieve the purpose of easing the conflict of interest in the bankruptcy reorganization.
Keywords/Search Tags:Bankruptcy reorganization, Conflict of interest, balancing mechanism
PDF Full Text Request
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