Research On Legal Issues Related To Pre-Reorganization In My Country

Pre-reorganization first appeared in the bankruptcy law of the United States.As an important tool for corporate debt restructuring,it plays an extremely important role in the rescue of distressed enterprises.The concept of pre-reorganization was introduced into my country in 2009,and many scholars believe that pre-reorganization has the advantages of both public relief mode and private relief mode,and can play an important role in saving distressed enterprises,protecting the interests of creditors and optimizing the business environment.effect.However,the legislative provisions on pre-reorganization in the current "Enterprise Bankruptcy Law" in my country are still in a blank state.Therefore,in order to improve the legal system of corporate bankruptcy and reorganization in my country,fill in the gaps in existing legislation,and provide legal support for pre-reorganization,many documents issued by the state clearly require the establishment of a system that can connect the debt reorganization procedures outside the court and the bankruptcy reorganization in the court.Program pre-reorganization system.This article intends to conduct research and analysis on the existing legal issues of pre-reorganization in my country,and try to provide suggestions for the next improvement of the system.This paper mainly discusses the following four aspects: Chapter one focuses on the connotation,status and nature of pre-reorganization,and mainly analyzes and introduces the connotation,characteristics,advantages,legal status and legal nature of pre-reorganization.The second chapter mainly analyzes the practice status and applicable dilemma of pre-reorganization in our country.The analysis of the status quo of practice mainly starts from two perspectives: the status quo of legislative practice and the status quo of judicial practice in my country’s pre-reorganization.Among them,the status of judicial practice mainly selects 28 cases of pre-reorganization as analysis samples for comparative analysis.Combined with the current practice of pre-reorganization in my country,there are legislative gaps in the application of pre-reorganization in my country at this stage,inconsistent rules,vague regulations on the connection between rescue mechanisms for distressed enterprises,and pre-reorganization.Difficulties such as the limited judicial protection of dissenting creditors.The third chapter mainly analyzes the extraterritorial experience of pre-reorganization.This chapter focuses on analyzing the experience of pre-reorganization in developed countries such as the United States,Germany,and South Korea,and tries to find the experience and methods suitable for the construction of my country’s pre-reorganization system from the advanced legislation of the above countries.The fourth chapter mainly puts forward relevant suggestions on how to improve our country’s pre-reorganization construction.It is mainly divided into two levels: system connection and system content.The system connection mainly focuses on how to improve the connection between the main body of the procedure and the effectiveness of the reorganization plan.The formulation and voting of the reorganization plan will focus on the discussion.