The Rights Of The Shareholder Of Debtor In The Cproration Bankruptcy Reorganization System

The new Enterprise Bankruptcy Law of the People's Republic of China stipulates that the shareholders of the debtor can be a participant to the bankruptcy reorganization system. But the stipulations on the rights of the shareholders on the bankruptcy reorganization system are abbreviated, and the relevant research of the domestic academe is little, that will bring confusion and disturbance to the realistic practice of the legislation. The thesis, intended to make the participation of the shareholders to the bankrupt reorganization system more definite and practicable, researched the rights of the shareholders of the debtor by the comparative and positive analytic methodology; and further points out the corresponding advice.The first chapter defines the participant status of the shareholders of the debtor on the bankruptcy reorganization system. On the basis of the concept definition and particular interest pursuit analysis of the shareholder, the thesis analyzed the necessity to stipulate the participant status of the shareholders and advanced the stipulation principle that is"ensure shareholder to participate, and restrict his self-benefit tendency relevantly". Then the thesis carries out the argumentation according to two main lines which are the participant rights setup on the bankruptcy reorganization system and the restriction on the rights prescribed by the corporation legislation.The second chapter focuses on the analysis of the shareholder's rights to participate the bankrupt reorganization system. According to the legislation of other countries and districts, the thesis analyzes the rights the shareholder should have to be a participant including the rights to apply, vote and supervise, etc.The third chapter analyzes the reasons and particular contents of the restriction of the shareholders'rights prescribed by the corporation legislation. Based on the analysis on the bankruptcy reorganization theory and legislation by the comparative and positive analytic methodology, the thesis argued that, to protect the interests of the creditors and fulfill the objective of the bankruptcy reorganization system, the particular contents of the restriction of the shareholders'rights prescribed by the corporation legislation including the restriction on the right to distribute the divided, the restriction on the right to equity transfer, and the restriction on the right on the corporate governance, etc.The fourth chapter reviews the relative provisions of the new Enterprise Bankruptcy Law of the People's Republic of China based on the arguments of the former chapters. The thesis further puts forward some applicable suggestions to define and perfect the stipulations on the right of the shareholders, and clarify the misunderstanding to the stipulations.