| Domestically,since the reform and opening up,in the process of China’s sustained economic development,many companies are on the verge of bankruptcy due to poor management,and the Enterprise Bankruptcy Law comes into being.Development until now,however,has been past type USES the term bankruptcy reorganization or bankruptcy liquidation is not enough to complete the task,to save the bankrupt enterprise government tend to maintain stability of the enterprise survival of the local economy,try my best to some large enterprises to provide preferential policies,to expect to survive,and therefore has created a large number of"zombie" companies,A new restructuring model is urgently needed to solve this problem.Now for sale of bankruptcy reorganization calls for increasing,more and more regional manager in practice for conditions suitable companies try to sell the bankruptcy reorganization,in order to save the enterprise management,improve the discharge rate of creditors,the court also give strong support to this,these all the courts and the market for this kind of reforming pattern recognition.In terms of the effect of restructuring,the enterprises after the sale of restructuring are operating relatively well.Although the operation of the enterprise has changed the actual controller,it is therefore full of vitality.However,China’s bankruptcy law still has shortcomings,and the corresponding supporting system is not perfect,which hinders the operation of the sale bankruptcy reorganization.In practice,it often creates more"zombie enterprises" or leads to the withdrawal of potential enterprises from the market because it relies more on the survival reorganization,thus wasting social resources.By summarizing the cases of the sale bankruptcy reorganization in China,this paper analyzes the typical cases,and summarizes the problems existing in the practice of the sale bankruptcy reorganization,hoping to find the solutions to the relevant problems based on the theoretical research and practical experience at home and abroad.The first part of this paper introduces the research methods used and the research status of domestic and foreign scholars.The second part describes the connotation of the selling restructuring system,and summarizes the advantages of the selling restructuring system by comparing with the traditional restructuring mode.In the third part,the author sorts out the existing cases of selling reorganization in China,analyzes each case in detail,and finds out the common problems among them.The fourth part introduces the origin and practice of the selling reorganization system in the United States and explores the possibility that China can absorb the experience of the United States in the practice.Fifth,based on the current situation of China’s economy and legal system,and with reference to the practical experience of China and the United States,this paper puts forward feasible suggestions on the improvement of relevant regulations of China’s bankruptcy law. |
