Research On Reconstruction Of Prepackaged Procedure On Enterprise Bankruptcy

With the continuous development of our economic form and corporate system,the traditional out-of-court reorganization and judicial reorganization procedures are showing a weak situation in the rescue of troubled enterprises due to their inherent characteristics.In order to improve the efficiency and success rate of rescue of troubled enterprises,the prepackaged procedure with outstanding advantages arises at the historic moment.At present,China encourages and supports the construction and development of the prepackaged system through the issuance of judicial interpretations,departmental rules and local judicial documents.Local governments also actively carry out the practice of prepackaged and issue operational guidelines to guide its specific application.However,there are great differences in the operational guidelines of prepackaged in different places.The prepackaged practices in different places have mixed forms and exist many modes.There are also some areas due to the unclear understanding of the prepackaged procedure,in the process of applying the prepackaged procedure positioning and connotation is unclear,the role of the relevant subject is unclear,the prepackaged procedure design is rough and other problems.Therefore,in order to fully release the advantages of the prepackaged in the rescue of troubled enterprises and solve the existing problems,it is necessary to reconstruct the prepackaged procedure of enterprise bankruptcy.Based on this,we should focus on the development status and existing problems of prepackaged procedure.By referring to the advanced experience of foreign prepackaged procedure,we should put forward the basic thoughts and legislative suggestions of prepackaged procedure reconstruction.The whole thesis starts from the following five aspects: First,the theoretical basis of the prepackaged procedure of bankruptcy,focuses on the analysis of the advantages of prepackaged procedure,and makes a brief summary of the existing prepackaged procedure types;Secondly,analyze the concrete problems existing in the prepackaged procedure of bankruptcy of Chinese enterprises,so as to put forward relevant suggestions;Thirdly,by comparing the prepackaged procedures of the United States,Britain and Japan,which have relatively complete prepackaged system,it is concluded that the mode of prepackaged procedures should be selected in our country.Fourthly,it puts forward the basic idea of reconstructing the prepackaged,that is,on the basis of repositioning the prepackaged program,it clarifies the basic principles that should be followed in the construction of the prepackaged,and clarifies the status and function of each subject of the prepackaged.Fifth,it puts forward some legislative suggestions on the reconstruction of prepackaged procedure.On the one hand,it adjusts the applicable object,starting subject and starting standard of prepackaged procedure.On the other hand,detailed provisions are made for the core procedures of prepackaged such as information disclosure,the adoption of prepackaged plans,creditor protection,and supplementary provisions are made for the termination of prepackaged procedure and the connection between prepackaged procedure and reorganization procedures.