The Jurisprudence Study On The Bankruptcy Reorganization System

The bankruptcy reorganization system, as a legal system introduced in the new Law of Bankruptcy and the effective legal measure to save the predicament enterprises has be one of the three foundations of the modern bankruptcy legal system together with the conciliation system and the bankruptcy system. The bankruptcy reorganization system, emerging in and growing with the development of market-oriented economy and the improvement of bankruptcy system, constitutes an indispensable component of the modern bankruptcy prevention system. So it is important to study the bankruptcy reorganization system for building the harmonious society, carrying out the humanity spirit of people foremost, keeping the nation and society a long period of peace and order, promoting the enterprises'thriving and prosperous and sustainable development of the economy.In this thesis the reorganization system of the bankruptcy law is analyzed from the four parts:In the first part, this thesis analytics the bankruptcy reorganization system is new tendency of the modern bankruptcy legislation unpacking the connotative meaning, the epitomical furnace and the main characteristics of the bankruptcy reorganization system. The new tendency reflects the reform of the bankruptcy law in the modern countries, originating in the tenet of making the new and modern bankruptcy law, effect of the system, the trend of the value, and the inherent contact with the theory foundation, the society cause, and the law causes which are leaded to by the bankruptcy.In the second part of this thesis to analyze on the conciliation system, the rectify system and the bankruptcy system, and compared with the bankruptcy reorganization system, announced the relation and the difference, so we can get that the bankruptcy reorganization system is superior to the conciliation system and the rectify system, and is a new developing system in order to adapt to the modern society.In the third part through the introduction of the system of U.K, U.S, Japan, France, Taiwan China and the comparison of legislation, the author gets the some enlightenment of our country, in perfecting our country's legislation of the reorganization, and guiding the practice of the reorganization administration of justice.In the fourth part the author analyzes the bankruptcy reorganization procedure concretely. In describing, the author have explained several key questions especially, including the necessity of the reorganization system, the principles of the legislation of the reorganization system, the legislative form, the applying bound, the entity and procedure of the reorganization system, the problem of safeguarding the creditor's interests, publish the author's own viewpoint being directed against the shortcoming of the legislation, put forward some suggestion of perfecting the legislation of reorganization and making sure that the reorganization program must be carrying out.