Study Protect The Interests Of Creditors In The Bankruptcy Reorganization

Under today's increasingly competitive socialist market economic system, have run successful companies, of course, there are business failure of enterprises, business unsustainable, then there is an inevitable phenomenon of bankruptcy exists. A business bankruptcy is not alone is its own destruction behavior, but also related to the protection of relevant stakeholders workers laid off, unemployment, investors in particular creditors. If you like to solve the problem is not capable of properly, it will bring a series of factors to social unrest. June 1, 2007, China began to implement the "People's Republic of China Enterprise Bankruptcy Law", the law introduces a system of bankruptcy reorganization, bankruptcy in order to solve our many problems provide a new solution for the troubled The enterprise has brought hope to survive. However, the "Bankruptcy Law" is not a panacea, bankruptcy reorganization system is not a panacea, successful implementation of a restructuring program of the program often involving multiple stakeholders, all stakeholders, especially the main creditor need to do in advance the sacrifices and concessions, in practice, the troubled companies often consciously or unconsciously want to force creditors to make more concessions, in order to stall for time in order to delay the transfer of assets or liabilities, resulting in the interests of all stakeholders suffered serious body damage, therefore, in practice, how to protect the interests of creditors in the bankruptcy reorganization proceedings is very critical and important.According to the basic theory of enterprise bankruptcy reorganization and the relevant provisions of China's "enterprise bankruptcy law", the use, the use of inductive analysis, comparative analysis and other methods, in-depth study and research to protect the interests of creditors in bankruptcy and reorganization, and proposed to protect the interests of creditors measures and methods. In this study, the first bankruptcy reorganization system overview, including the definition of the concept of bankruptcy reorganization, research the history of the bankruptcyreorganization system, and the legal definition in the Bankruptcy Reorganization classes of creditors; secondly abroad Bankruptcy Reorganization protect the interests of creditors, legislative representative to inspect, through a comparative study, found their own shortcomings and weaknesses, and learn from the strengths and experience, to protect our bankruptcy reorganization proceedings in the interests of creditors; Finally, China's " cases Enterprise Bankruptcy Law, " the implementation and practice of the protection of the interests of creditors, the problems, in-depth analysis of the start-up phase of the bankruptcy reorganization, bankruptcy reorganization plan phase, the implementation phase of the bankruptcy reorganization and bankruptcy reorganization status of the monitoring process, issue, and put forward the corresponding corrective recommendations and measures.At this stage, China is in the development of policies to further deepen reform, economic development and the high-speed market further intensified competition in the large environment, market competition will make a rapid development growing company, it will lead to a number of companies in trouble, into bankruptcy reorganization program. In the bankruptcy reorganization proceedings, especially the need to protect the interests of creditors of good parties subject. In this paper, China's "Enterprise Bankruptcy Law," the implementation and effectiveness of the protection of the interests of creditors in insolvency proceedings study gives some to strengthen the protection of the interests of creditors in insolvency proceedings and methods of corrective measures designed to strengthen the interests of creditors in bankruptcy proceedings protection, with a view to establishing a sound measure to protect the interests of creditors do their modest force.