Legislation Analysis Of Small And Medium-sized Enterprise Restructuring

Bankruptcy reorganization,also known as bankruptcy protection or enterprise regeneration,is a very important part of the contemporary bankruptcy system.In 2006 in our country promulgate the enterprise bankruptcy law of the People’s Republic of China(hereinafter referred to as the enterprise bankruptcy law),and established the first “fair and clean up the credits and debts,protect the lawful rights and interests of creditors and debtors” purposes,in the eighth chapter discussed with rules on the reorganization system,after more than ten years of development,it play an increasingly important role in market economy.In practice,more and more enterprises are trying to restructure as an effective means of rescue.Especially since the outbreak of COVID-19,the vitality of small and micro enterprises in China has been constantly reduced.It is urgent and necessary to help small and medium-sized enterprises out of difficulties through restructuring system.The enterprise bankruptcy law of our country,however,the provisions of reforming the article only 26,and only the bankruptcy restructuring program for principle,rules,regulations,not for the restructuring of large enterprises and small and medium-sized enterprises,and its scope of application and limitations,the complexity of the program content of cannot meet the needs of the present small and medium-sized enterprise reforming,The small and medium-sized enterprises that still have the value of restructuring face the realistic dilemma of “it is difficult to follow the law and cannot follow the law”when choosing to restructure.The restructuring of small and medium-sized enterprises is difficult and the failure rate of restructuring is high,which affects the stable development of China’s economy and society.Therefore,according to the characteristics of smes restructuring,tailor-made restructuring legislation is both necessary and feasible.In order to achieve the goal of reasonable distribution of social and economic resources and the unification of economic value and social value,China needs to perfect the legislation of small and medium-sized enterprises restructuring and fill the gap of small and medium-sized enterprises restructuring system.The thesis is discussed from five parts:The first part is the introduction,which mainly introduces the research background and objectives of the topic,the research significance and research status,and the research methods and innovations of this paper.The second part is the theoretical part,focusing on the definition of the relevant connotation of small and medium-sized enterprises restructuring,especially clearly define the scope of small and medium-sized enterprises,expounds its characteristics in the application of restructuring subject,management mode application,procedure implementation time,investor status and other aspects.Furthermore,it analyzes that the legislation of sme restructuring is an inevitable requirement to realize efficiency value,ensure fair value and develop market economy.The third part is about the present situation of small and medium-sized enterprise reforming legislation is introduced,and current are summarized according to its present situation of small and medium-sized enterprise reforming problems that exist in the law,the main reforming scope too narrow,the investor is reforming right is restricted,administrator management model of passive restructuring plan,the main body of the applicability,the reorganization process trival,etc.The fourth part is to study the legislation of small and medium-sized enterprises restructuring in some foreign countries,such as the United States issued a special “small and medium-sized enterprises restructuring Law”,Japan will simplify the small and medium-sized enterprises restructuring procedures and provisions of the simple regeneration system,and at the same time,combined with China’s national conditions analysis for reference.The fifth part is to put forward specific suggestions and measures,the most fundamental is to formulate a unified “small and medium-sized enterprise restructuring law”,including the definition of small and medium-sized enterprise restructuring scope,the establishment of multiple application subject mode,the establishment of debtor first management mode,clear restructuring plan formulation right,clear simplification of small and medium-sized enterprise restructuring procedures.