Research On Innovation Of Bankbruptacy And Reorganization System Based On Benefit "Win-Win"

China’s academic circles or judicial practice process, are used to measure the interests of bankruptcy reorganization of the interests of the main coordination. But the prevailing position of the interests of the balance of the concept, there are two shortcomings: First of all, it does not benefit from the growth of the premise, but only focus on the existing interests of how to allocate; Second, the concept of interest is based on simple equality as a guide to the distribution of benefits. It can not really achieve the interests of all stakeholders to maximize the interests of the neglect of the vulnerable groups, such as workers and minority shareholders to participate in the protection of the right to participate.Therefore, the author suggested that the existing interests should be updated to measure the concept, Therefore, the author suggested that the existing interests should be updated to measure the concept, To ensure that the debtor can not only achieve new benefits growth, but also to ensure that interests in the various stakeholders can achieve the distribution of justice.This paper is divided into five parts. The first part, through the distribution of benefits from the balance, to the interests of "win-win" the development of the interpretation of what is the benefit of a win-win situation and its correct expression in the legal sense. The second part is mainly to deduce the theory of benefit and win-win theory to guide China’s bankruptcy reorganization system. Not only in its ability to accurately fit the pursuit of the value of bankruptcy reorganization, and the mechanism under the concept, highlighting the fairness and justice to a certain extent, to achieve the reorganization of the system to create a reasonable and reasonable. The third part mainly based on Rawls’principle of freedom and equality and the principle of guaranteeing the distribution of fairness to explain the concept of benefit and win-win. And then the principle of freedom and equality in the bankruptcy reorganization system and the functional dimension of the "win-win" of the security interests. The principle of precision understanding is the key requirement of the concept of benefit and win-win.The fourth part sets out the procedural provisions that guarantee the equal participation of various stakeholders in the reorganization process.Improve the start system to consolidate the basis of equal participation,from the beginning to protect the right to access. At the same time, the whole process of the drafting of the reorganization plan to the end of the implementation ensures the effectiveness of the equal participation of multiple subjects. The fifth part follows the principle of difference innovation entity specification. Bankruptcy and reorganization of the interests of enterprises to adjust the interests of corporate reform measures and the implementation of the interests of small and medium shareholders of listed companies to protect the system.