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Research On The Balance Of Interests In China's Bankruptcy Reorganization Legal System

Posted on:2018-07-22Degree:MasterType:Thesis
Country:ChinaCandidate:X GuoFull Text:PDF
GTID:2356330515480611Subject:Legal theory
Abstract/Summary:PDF Full Text Request
Enterprise reforming exist different interest subjects and the forming process is a process full of contradictions and struggles.The value of the establishment of the reorganization system goal is to achieve the revival of the debtor,and maintain the social and public interests.In order to achieve the value goal,it is necessary to provide legal supply to meet the legal requirements in the process of reorganization.It is necessary to coordinate and integrate the conflict of interest between participating subjects in the reorganization process.Reorganization system provide a negotiations consultation mechanism for the conflict of interest between different subjects.On the basis of the coordination of conflict of interest and realize benefit balance.It is in the perspective of interests equilibrium,this paper inspects the bankruptcy reorganization system in our country in the legislation and the problems existing in the judicial process,and in the transverse reforming system of interests equilibrium major western developed countries for reference of experience.On this basis,the final for the perfection of bankruptcy reorganization legal system in China,put forward its own proposals.The article is divided into six chapters,of which the chapter 1 is the introduction,chapter 6 is the conclusion.Chapter 2 discusses the connotation of interest balance and reorganization system,and provides theoretical support for the following development.And chapter 3 reveals the bankruptcy reorganization of conflicts of interest,and through the empirical analysis on interests balance in the reorganization process is discussed,and the necessity,the reforming implementation present situation in China,and analyzes the main factors influencing reorganization system implementation.The fourth chapter mainly study between the United States,Britain and Germany bankruptcy reorganization system.Chapter 5 explores the realization of the benefits balanced mechanism in the bankruptcy reorganization,discusses the principles of conflict of interest,and how to pass legislation Suggestions were put forward,realizing also expounds the court and the administrator of interests equilibrium to realize the important guarantee of function,finally reveal the information disclosure mechanism and the improvement of the law enforcement environment for reforming important.
Keywords/Search Tags:Bankruptcy Reorganization, conflict of interest, Balance of Interest, Maximum benefit
PDF Full Text Request
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