Practice And Rule Construction Of Prepackaged Bankruptcy System In China

China’s current bankruptcy law has been implemented since 2007,more than 16 years.In the meantime,the bankruptcy reorganization system has made indelible contributions to giving full play to the enterprise rescue mechanism and improving the business environment.However,with the widespread and in-depth implementation of the bankruptcy law,and the popularization of culture and consciousness of rule of law,in the bankruptcy reorganization system problems such as abuse of compulsory approval power,high cost and low efficiency continue to emerge.Although simple out-of-court reorganization can avoid some problems in bankruptcy reorganization through the autonomy of both parties,however,the problems caused by the excessive expansion of autonomy can not be ignored.The prepackaged bankruptcy system solves the persistent illness of the reorganization system,and it can prevent and suppress the problems mentioned above through strict legal regulation.Of course,there are also some problems in the prepackaged bankruptcy system such as the lack of unified document guidance and specific norms.This article uses the literature research method,the comparison research method,the case analysis method and so on,synthesizes the current local documents,explores and compares the legislative system and judicial status quo of the United States,the European Union,Japan and other countries and regions where the prepackaged bankruptcy system is relatively perfect and mature,on the premise of combining China’s national conditions and institutional needs,summarize the experience and practice to learning,finally come to a conclusion: In order to realize the original legislative intention and value of the prepackaged bankruptcy system,it should be in the amendment of China’s enterprise bankruptcy law,make clear provisions on the prepackaged bankruptcy system,and make fully integrates and links up the prepackaged bankruptcy system and the reorganization system.Establish a debtor rescue system with the coexistence of prepackaged bankruptcy system and reorganization procedure,so as to further enhance China’s business environment,improve the level of legalization.