The Benefit Protection Of Creditors In Bankruptcy Restructuring

The company reorganization system is a big achievement in the western countrybankruptcy legislation reforms, its main purpose is to save the business enterprise and preventthe enterprise bankruptcy; it is also the inherent requirement of social legislation mode andthe external expression. In order to ensure the successful implementation restructuring,countries legislation limit the rights of the creditor exercise in a certain extent, but in practice,many debtors make use of this mechanism,realize the escape bankruptcy,delay debt, anddamage the interests of creditors. Therefore, how to balance the social interests, the interestsbetween creditors and debtors has already became the various countries’ the big challenge forlawmakers."Bankruptcy law" in our country introduced advanced enterprise bankruptcyreorganization system from western countries, making the survival of the enterprises improvemanagement restructuring and regain management ability through the internal management,so as to avoid enterprise on road of the bankruptcy liquidation and protect the creditors, thedebtors, the sponsors, enterprise workers, the interests of the parties to the enterprise, and atthe same time reducing the society of unrest because of the enterprise bankruptcy unemployed.It can be said that the enterprise bankruptcy reorganization system involves the interests ofvarious main game and coordination, legislation should be balance the interests of all partiesto the interests of the main body, but in practice, it can be found some disadvantages of thecurrent reforming the provisions in our country, legal lag and reforming the problems inpractice to a great extent do not have synchronicities, the contributor and the interest ofcreditor protection mechanism is not perfect, this article mainly aims at the contributor inbankruptcy restructuring and the creditor of the interests in the protection of doing the simpleinquiry, and in the light of the disadvantage of the legislation, put forward some improvementmeasures, make relevant provisions of the bankruptcy restructuring really become save theinterests of all parties, and promote the development of social economy practical legal.