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The Study on the Protection of the Secured Creditors’ Interests in Reorganization Proceeding

Author: WenWei
Tutor: ZhaoWanYi
School: Southwest University of Political Science
Course: Civil and Commercial Law
Keywords: Reorganization system Value orientation To secured creditors Interest Protection
CLC: D922.291.92
Type: Master's thesis
Year: 2010
Downloads: 161
Quote: 4
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Abstract


With the globalization of the economy and the world, closer and closer ties between the various economic agents: showing a prosperity, a loss for both the pattern. In order to avoid the big business failed to social unrest in many countries have developed a reorganization system designed to save endangered bankrupt enterprises, China in the 2006 amendments to the \domestic practices in demand, the introduction of a system of bankruptcy reorganization. Under the current international financial crisis, the the restructuring system in the rescue of national enterprises, promote employment, and maintaining the order of the socialist market economy, made a huge contribution, worthy of promotion and improvement. At the same time, as a system designed to enable the debtor to get rid of financial difficulties and achieve rejuvenation, reorganization system will inevitably have to strictly limit the propertied secured creditors to exercise its security interest to retain the material basis for the successful restructuring. This to some extent to the debtor by the system of escaping bankruptcy delay debt to harm the interests of the creditors an opportunity to capitalize, resulting propertied interests of secured creditors is a huge risk. Therefore, our country the reorganization system continue to develop and improve the process should pay particular attention to the protection of the interests of the creditors of claims secured by property, to balance between the interests of the restructuring involved in the main, to achieve restructuring the system of multi-value targets. The author in the basis of comparison of the United Kingdom, the United States and Japan reorganization system, combined with the relevant provisions of the reorganization system for the development and improvement of our reorganization system has little legislative proposals to protect the interests of the creditors of claims secured by property. The first part gave a brief overview of the reorganization system are discussed, mainly from three aspects of the the reorganization system concept, characteristics, and its value orientation. That part focuses on reforming the system of multi-value orientation, and to lay the foundation for the need to protect the propertied interests of secured creditors as discussed below. Reorganization system of the second part discusses the necessity to protect the propertied interests of secured creditors, mainly to be addressed in two ways: First, the analysis reorganization system to secured creditors' rights to various restrictions. These strict restrictions, only constitute a reason to protect the propertied interests of secured creditors, but also highlights the urgency and necessity of protecting its interests. Second, are discussed from two aspects to secured creditors, the interests of the status quo as well as the significance of protecting its interests. The third part is the extraterritorial legislative experience examine and compare, select the United Kingdom, the United States, and Japan, the enactment of legislation on the protection of propertied interests of secured creditors in the reorganization system, and to compare the similarities and differences of the three legislative measures for the Improvement of the relevant legislation example can learn. The fourth part of the major legislative proposals to improve the of our reforming system to protect the propertied interests of secured creditors measures. The author, drawing on the basis of analysis of the status quo of China's legislative experience in extraterritorial legislation to guarantee the preservation of property and the courts to force the two stages of the approval of the draft reorganization plan of amending the law in the future or to develop the judicial interpretation of the perfect measures.

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CLC: > Political, legal > Legal > Chinese law > Economic Law > Bankruptcy Law
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