On The Self-management Of The Debtor In Bankruptcy Reorganization

Bankruptcy reorganization system has played an important role in saving the bankrupt enterprises which are in trouble.During the restructuring period,the management of the distressed enterprises shall be governed by the principle of the court-appointed administrator to manage the distressed enterprises,with the exception of the application of the debtor's own management.The debtors' self-management system has the superiority that the administrator system cannot replace,but this system also faces some problems in the judicial practice process,for these problems,we should seek the best solution,promote the debtors' self-management system to improve constantly.This paper takes the restructuring case of Rising Sun Company as a typical case.Through analyzing the legal problems reflected in the case and combining with the current basic theory of debtors' self-management in China,this paper analyzes the problems existing in the self-management system and puts forward legal suggestions for improving the self-management system.To solve the problem facing the debtor to management system in our country at present,should absorb the useful experience from the bankruptcy laws of all countries,and combining with China's national conditions and judicial practice,clarify the legal status of the debtor to management and scope of their functions and powers,strengthen supervision over the debtor system construction,refined,several aspects to manage the execution system of laws and regulations fully build the debtor to the management system of the legal system in our country.