Reforming The System Of Study

In view of the more and more important role of large corporation in the social economy life , and in order to overcome the passive characteristics of the Settlement System , reorganization system turned up in the twentieth century and becomes a more effective insolvency precaution system , which is the new part of the morden insolvency system . It focuses on not how to not apply to the insolvency liquidation procedure ,But how to make the insolvent or being insolvent corporation rehabilitation and better , and to protect the interests of stockholders and creditors and staffs and so on .With the development of the socialist market economy , the shortcomings of the Insolvency Law of the People's Republic of China become clearer and clearer , of which the administrative reorganization is completely out of date . Now , it is more 10 years that the law has been reforming . But it is still a draft . Because few people study the reorganitation system , still to study the reorganizationer system , the paper choses the reorganizationer system as its study subject and hopes that it is helpful to the making law of the reorganization system in our country .The paper is made up of a preface and five chapters . As follows:In the preface , the aims are to make out what is reorganizationer and show the meaning of studying it in China .The first chapter analyzes the grounds of which the reorganizationer system comes into being from the macroway and micro-way . And after distinguishing the administrative reorganization of China from the reorganization studied in the paper , the result is that the administrative reorganization is not the real reorganization system , and so there is not reorganizationer system in our country . The second chapter is the law status of reorganizationer . It is meaningful in theory and in practice to study the law status of its . As to the law status , there are two schools in theory . The paper thinks it is necessaryto make the relations between reorganizationer and court , reorganizationer and corporation and so on clear if to depict rightly its law status . The third chapter is to study the reorganizationer access . There are two kind principles;how to choice it in the main nations' and districts' laws . It is so in theory at home . The paper considers it is a key role in course of organization , so it is necessary to study the terms that it should have or not have from two different angles . The forth is to study the rights and duties of reorganizationer . Through studying the systems of the main countries and districts , the paper lists the main rights of reorganizationer , and emphasized to study the duties that corporation director does not have. At the same time, it advices to build three obligations , which are penal obligation and civil obligation and administrative obligation , in order to protect the rights and duties applied rightly. The fifth chapter it to study the relations between reorganizationer and other reorganizations . Because of differents in many ways among nations, there are not the same build on reorganizations . After studying the organizations of the main nations and districts , the paper classifies the kinds of organizations into three organizations , and mainly study the relations between reorganizationer and supervisory organization and relationship meeting .