Research On The Reconstruction Of Bondholders’ Meeting System

The bondholder meeting system is an important system for the protection of bondholders’ rights and interests.In theory,a bondholder meeting system that acts together based on the principle of common agreement can not only protect the interests of bondholders as a whole,but also protect individuals through opposition litigation.The interests of bondholders,and even the liquidity of the bond market,have the maintenance value of the fund.However,in practice,my country’s bondholder meeting system has not played its due value.This article is based on Article 92 of the Securities Law as the core(complemented by the rules of the Development and Reform Office,the China Securities Regulatory Commission,etc.),and learns from foreign experience In the above,the bondholder meeting system will be reconstructed in response to the regulatory and judicial issues of the existing bond market.The introductory part of this article,using the "13 HNA Bonds" as a reference,puts forward the main general issues about the current bondholder conference system in my country,and through literature review,discusses the solutions and methods of the legal circle in my country in the past,and then from the supervision The path from system to judicial practice and finally to theoretical integration.Finally,the research roadmap of this article is proposed by comparative research method,empirical analysis method and normative analysis method.The second part of this article firstly defines the main body of this article from the distinction between bondholders’ meetings and creditors’ meetings,and then systematically discusses the reasons for this problem from the three aspects of the convergence of supervision,justice and theoretical systems based on the ideas of the introduction.And the status quo and initially made a solution idea.In the third part of this article,through a normative legal analysis of three different bondholder protection systems in Germany,the United States and Japan,it discusses the parts that are beneficial to my country and the parts that my country cannot learn from.For example,the corporate bond trustee system in the United States is different from the trust relationship of the trust manager system in my country because its legal basis is based on the trust relationship,and it cannot be used for reference.However,its restrictions on trustees and liability regulations also have a very high level of perfection of my country’s system.the value of.In the fourth part of this article,after completing the above process,the author summed up my country’s experience in foreign countries,based on my country’s national conditions,and reconstructed my country’s country by responding to the three aspects of the convergence of supervision,justice,and theoretical systems.Bondholder meeting system.This article adopts a three-pronged comprehensive analysis route from the convergence of supervision,judicial and theoretical systems.Based on the analysis of big data precedents and individual cases,it summarizes the problems of the current bondholder conference system,and combines national conditions and foreign experience.Finally completed the refactored framework.