Research On Reorganization Plan System Of PRC Enterprise

System of bankruptcy and reforming is important part of modern enterprise bankruptcy system and important regulation to protect enterprise from bankruptcy for modern market-oriented economy state.It makes enterprises with bankruptcy factor but also hope to revive get rid of bad time and regain vitality through reforming,which avoids unemployment and waste of social resource.Besides liquidation and reconciliation,Reforming is one of the three bases of modern bankruptcy system by actively retrieve debtor and prevent from bankruptcy.Reforming has been included by "Bankruptcy Law of People's Republic of China" implemented from June.1^st,2007,as an independent chapter.This article researches reforming plan,the core issue of reforming system by comparative analysis,value analysis and demonstration analysis.It states some original views based on review the relative legislation in the U.S.A,Japan,German,and Taiwan area and provisions of reforming in "Bankruptcy Law" practically and theoretically.This article is divided into four parts besides introduction and conclusion.The first part introduces the definition,character,value target and theory basis of reforming and then states the meaning of reforming plan and its status in reforming. Reforming plan is the core issue and key link of the whole reforming.The establishment, passing and execution of reforming plan is the key to decide whether success or fail of the reforming.It also plays as important hinge to connect other issues and itself is the main matter in structure of reforming procedure.Reasonable reforming plan provides all the parties with an equally treated platform and secures the interest balance of all the parties.It also improves the possibility of a successful reforming on the basis of just procedure and efficiency.A successful reforming is able to avoid enterprise bankruptcy and unemployment,better utilize social resource,protect social orders,and makes all sides satisfied.The second part is the structure and relative regulation of reforming plan.It introduces the relative regulations establishment principles,establishment entities,plan content,voting by grouping,voting standard,voting rights of shareholder,approval and authorization, execution entities,execution supervision in the phrase of drafting,voting,approval and execution in "Bankruptcy Law".The third part is the survey,analysis and review of our enterprise reforming plan system. This part practically and theoretically analyzes the merits and demerits of our reforming plan system and relative regulations.The demerits negatively affect the practice of bankruptcy in different aspects,such as singleness of establishment entity,inflexibility of grouping, faultiness of approval rules,lack of supervision entity that can stands for creditor in execution and lack of effective redress mechanism.The fourth part is the thoughts of perfection of our reforming plan system.It aims at the demerits of our reforming plan system and relative regulation,and creatively proposes to diversify the establishment entity,perfect voting mechanism,perfect approval rules,and perfect supervision entity to make up the inadequacy of our existing law and regulation by referring to laws of other counties.In addition,it also proposes to establish disclosure system and redress mechanism,bring in plan modification measure to fill up the vacancy of existing legislation.This article discusses relative regulations of our enterprise reforming plan system and is made out of reference to legislation by many other countries and my own practice.Though I am restricted by knowledge and have little talent and learning which may leads to the wrong ideas,I will be satisfied if this article can make a bit contribution to the perfection and practice of our enterprise reforming procedure.