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Study Protect The Interests Of Creditors In The Bankruptcy Reorganization

Posted on:2019-06-18Degree:MasterType:Thesis
Country:ChinaCandidate:Y HuangFull Text:PDF
GTID:2416330590463239Subject:Law
Abstract/Summary:PDF Full Text Request
Bankruptcy is an unavoidable legal phenomenon in the continuous development of the market economy,and reorganization is the product of the bankruptcy system.Bankruptcy reorganization system was born in Britain.After that,the United States followed and promoted its rapid development and attracted worldwide attention.It became mature in Japan.Essentially,it is an effective means of bankruptcy prevention,to avoid enterprises falling into deeper crises,so as to protect the interests of relevant parties to the greatest extent,and plays a certain role in social stability.However,bankruptcy reorganization often involves the interests of many parties,and is always accompanied by disputes over interests.The primary protection of the reorganization system is the social interests,so the implementation of this system,usually against the interests of other parties,especially creditors.Therefore,the key to the reorganization system is how to reduce the negative impact on creditors' interests.In this study,the author fully combines the theoretical results of bankruptcy reorganization,as well as the relevant provisions of the current "Enterprise Bankruptcy Law," through inductive analysis,comparative study and other means,with the bankruptcy reorganization system as the object of discussion and analysis.First of all,the concept of this system,the history of changes and the contradictions of interests of all parties to be a comprehensive comb;secondly,how foreign countries in this system to use the law to protect the rights and interests of creditors,in order to further improve the domestic bankruptcy reorganization procedures to find reference experience;finally,according to the implementation of the "Enterprise Bankruptcy Law" At present,this paper discusses the shortcomings of the domestic bankruptcy reorganization procedure in the interests of creditors,in order to find a way out to improve the system and the corresponding procedures.
Keywords/Search Tags:Bankruptcy reorganization, Creditors' interests, Protect
PDF Full Text Request
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