The Study On The Protection Of The Secured Creditor’s Interests In Reorganization Proceeding

The general trend in the world in the field of the bankruptcy law is the creation of the reorganization system, the introduction of the reorganization system symbolizes the national bankruptcy laws and complete. The characteristics of the reorganization system in bankruptcy debtor walks out of predicament, Renaissance provides relief procedure, is a kind of new way to the interests of the creditors of the Surety Company. Countries in the bankruptcy law legislation, due to the differences in value of the cultural level, the state of the economy and reforming the system, through continuous exploration and accumulation of practical experience, showing a different legislative models, this paper focuses on the significance of the America, British and Japanese reorganization system. The great rejuvenation of the reorganization system so as to realize the national legislators, is the primary consideration and attention must be paid to move. Countries all over the world together in the bankruptcy legislation in question is how to set up a reasonable and effective reorganization procedure, tend to protect the interests of creditors from damage cases to promote business development. Secured creditors are reforming special subject program, its priority in China’s "enterprise bankruptcy law" provisions are limited, but from the deep meaning of the law research, legal and not weaken the power itself, which fully shows that the reorganization system in our country’s legislation tenet is stand the test of practice. Some problems of bankruptcy legislation in our country, will need to change the principal provisions as the basic theory, practice, especially the provisions of secured debt reorganization under not detailed enough, further defined many specific measures for administrative regulations and judicial interpretation of the law. After a comprehensive analysis of the pros and cons of the bankruptcy law, the author of China’s bankruptcy law legislation practice, puts forward some relief measures, especially the problem of protecting the interests of secured creditors on how to improve the reforming system to discuss. Our bankruptcy reorganization system need to be refined gradually the relevant provisions, to proceed from actual conditions as the principle, only by adhering to promote the Renaissance as the goal, to protect the interests of creditors, to really find out a bankruptcy law Chinese unique road.