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Improvement of the Legal System about Reorganization in Chinese Corporation

Author: LuoYing
Tutor: WangYuanMing
School: Hunan University
Course: Legal
Keywords: Company Bankruptcy Law Reorganization system Perfect
CLC: D922.291.92
Type: Master's thesis
Year: 2009
Downloads: 170
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Abstract

Corporate restructuring, the performance of the legal nature of the debt settlement company to build a combination of private rights of nature and society in this phase coordination. The main purpose of reforming the system, debt cleanup and corporate rescue. The reorganization system has to maintain the enterprise's business, thus avoiding the frustration of the value of business operations; reforming system using various means to organize on the plight of enterprises, help enterprises revival, improve the efficiency of resource allocation; retain employment opportunities for enterprise employees, so that enterprises not cause social unrest due to layoffs. The company's reorganization system features include: restructuring reasons broad, program starts diversified, Public Right of the reforming process the rationalization measures is more flexible, re-engineering program prioritization, a security interest in the non-priority, reforming the target diversification. \. These problems are mainly manifested in the lack of experience: reforming the complexity of the case and the judge, the judge for the lack of experience of restructuring cases. The court finds that the debtor rescue possible \Force approval of a reorganization plan to implement difficult. Ability to get the trust and support of the creditor banks, whether they can revive factor, a very important part. Not enough to protect the interests of the debtor investor. The reformer may become debtor escaping debt tools. For these problems in practice, from the following aspects to be improved to solve: give full play to the functions of the court in the company's reorganization, strive to set up a specialized bankruptcy court restructuring cases. Should be multiple levels of understanding of the economic, social, legal, \Mandatory approval of the restructuring plan should follow the principle of best interests of the creditors to the principle of fair treatment, the principle of absolute priority, to reduce the uncertainty applicable. Bank insolvency administrator, confirmed that the flow of every dollar for legitimate purposes. Monitoring such funds reduce the creditor banks doubts achieved the mutual trust. Optimize the debtor investor the right to exercise the way, the practical implementation of the protection of the interests of the protection of the debtor of the debtor investor investor interests in the restructuring program provisions. Professional advantages, give full play to the professionals to improve the efficiency of the company's restructuring.

Improvement of the Legal System about Reorganization in Chinese Corporation

Abstract

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