| As a system connecting out-of-court reorganization and legal reorganization,the pre-reorganization system has advantages of both systems.Pre-reorganization system allows the parties to negotiate freely just like out-of-court reorganization before filing the reorganization application to the court,it will have the legal force of the legal reorganization after filing the reorganization application.The pre-reorganization system can not only improve the exit mechanism of distressed enterprises in our country,but also enrich the current debt restructuring systems,so it’s necessary to research the pre-reorganization system.In recent years,central departments and local departments have launched a series of theoretical explorations on the pre-reorganization system,theoretical exploration results are getting more and more mature,representative places are Shenzhen,Guangdong,Zhejiang,Sichuan,etc.What is clear is that it is only a matter of time before such a system is legislated.But so far there is no uniform standard for the concept of pre-reorganization system in the theoretical world.In our country there is no pre-reorganization system in legislation,let alone judicial interpretation,the basic operating procedures and operating rules of the pre-reorganization system are lacking.There are still some problems in the legislative exploration and judicial exploration of the pre-reorganization system,such as lacking of a unified pre-reorganization path,insufficient protection of the rights of creditors and debt companies,and the vague rights boundary of the participants in pre-reorganization.In order to solve the problems and provide a reference for construction of our country’s pre-reorganization system,we must learn from some advanced foreign legislation.Firstly,the way to construct pre-reorganization system should be determined,that is introducing the pre-reorganization system through pre-reorganization space reserved by the reorganization system in Enterprise Bankruptcy Law of the People’s Republic of China.Secondly,the core rules of the pre-reorganization system(starting standards,information disclosure,the formulation and voting of the restructuring scheme,etc.)should be stipulated in detail by absorbing advanced specific system rules from the West.Moreover,it is clear that the power boundary of the participants mainly the function and orientation of the government and the court.Finally,we should actively explore relevant auxiliary mechanisms of the operation of the pre-reorganization system and establish and improve various forms of government and court linkage mechanism to ensure the smooth operation of the pre-reorganization based on the actual situation of China’s bankruptcy,in this way,the pre-reorganization system can play its maximum role within the current legal framework. |
