The Legal Protection Of The Creditors' Interests In The Bankruptcy Reorganization

In the process of business operation,there is a risk of bankruptcy.In 2007,the enterprise bankruptcy law of China introduced the bankruptcy reorganization system,which provided conditions for enterprises to reverse the declining tendency and get out of the business dilemma.However,in the bankruptcy reorganization process,due to the weak position of creditors,the protection of creditors' rights and interests is relatively fragile,which seriously weakens the fairness of this system and inhibits the system from playing the role of balancing the interests of all parties and seeking "win-win".Strengthen the protection of creditors' interests,establish their confidence in the restructuring of debtor enterprises,promote the smooth restructuring,in order to produce better social and economic effects,give play to the value of restructuring system.This paper first analyzes the reason why creditors' interests should be protected in reorganization from the source of jurisprudence and the current situation of legislation.Then,through the analysis of some cases,it proposes the existing problems in the protection of creditors' interests.Finally,it draws on the experience of foreign legislation and practice to propose corresponding solutions.