On The Debtor’s Rights And Obligations In The Bankruptcy Reorganization Procedure

Bankruptcy reorganization is a kind of legal system to realize the regeneration of troubled enterprises.As an important part of reorganization system,reorganization procedure includes a lot of work before the implementation of reorganization plan,such as the application of reorganization procedure,the formulation and approval of reorganization plan,the submission to the court for approval,and so on.At the same time,it also ensures the continued operation of enterprises.Seemingly simple links,but covers a lot of interests and rights intertwined.As an important role in the reorganization procedure,the debtor’s rights and obligations have a great impact on the reorganization procedure.According to the provisions and judicial practice of the enterprise bankruptcy law of the people’s Republic of China(hereinafter referred to as the enterprise bankruptcy law),the rights and obligations of the debtor have not received much attention in the bankruptcy law,but the practice tells us that we must pay attention to the rights and obligations of the debtor.In the aspect of the debtor’s rights,through the analysis of the debtor’s business protection right,financing right and the right to formulate and propose the reorganization plan,it is found that the above rights can be improved in detail in China’s law.For example,the debtor’s rights under the self-management mode have the problems of high generality and few detailed provisions,which need to be improved in detail.In terms of the debtor’s obligations,there are some problems,such as lack of specific provisions,lack of detailed standards and practicality.Therefore,the author puts forward some suggestions to improve it.It is necessary to set up the rights and obligations of the debtor scientifically,clarify and refine the rights and obligations,distinguish the rights of the debtor under different management modes,and improve the system of the rights and obligations of the debtor.So as to reduce the abuse of the debtor’s rights,increase the operability of the debtor’s obligations,and strengthen the construction of the external supervision force for the debtor to exercise the rights and perform the obligations,so as to ensure the smooth progress of the reorganization procedure.This article is divided into five parts.The first part introduces the basic contents of the bankruptcy reorganization procedure and the debtor,including the basic connotation of the reorganization procedure and the debtor,the classification of the reorganization mode and the relationship between the debtor and the administrator.The second and third parts are the contents of the debtor’s rights and obligations,including the right to operate,the right to protect business,the right to use and dispose of property,and the right to formulate and put forward the reorganization plan;Obligations include the obligation to accept supervision,the obligation to be diligent,the obligation to faithfully implement and the obligation to follow the principle of good faith.The fourth part is to sort out the problems caused by the negligence of the debtor’s rights and obligations in practice,such as why the debtor’s self-management mode can not be fully utilized in practice.The fifth part is to put forward suggestions to improve the problems in practice,scientifically set up the debtor’s rights and obligations,and strengthen the external supervision of the debtor’s rights and obligations.