Research On Shareholders’ Rights In Reorganization Process

China’s bankruptcy reorganization system is too principled for shareholders’ rights,lacking specific provisions,and only responds to various problems.Because the purpose of enterprise bankruptcy reorganization is to repay debts and bring enterprises back to life,it mainly involves the interests of creditors and shareholders.However,at present,the research focus of academic and practical circles is mainly on creditors,but there is not much research on debtor’s shareholders,which leads to the difficulties of debtor’s shareholders in exercising their rights in practice,thus making the reorganization process face many problems.This paper mainly focuses on the issue of shareholders’ rights in the reorganization procedure.In addition to the introduction and conclusion,it is mainly divided into four chapters:The first chapter is the status of shareholders in the reorganization procedure.Compared with the status of shareholders in the company before reorganization and the status of shareholders in liquidation,it is analyzed that shareholders enjoy the status of participants in reorganization.The second chapter is the rights of shareholders in the reorganization procedure.Firstly,the author analyzes the characteristics of shareholders’ rights in the reorganization procedure;Then it introduces the specific rights enjoyed by shareholders in the reorganization and the reasons for enjoying the rights;Finally,it analyzes the restrictions on the rights acquired by shareholders based on the Company Law in the reorganization,and the reasons for the restrictions.The third chapter is the exercise of shareholders’ rights in the reorganization procedure.Firstly,the author emphasizes that the debtor’s shareholders should follow the principles of reasonable protection and appropriate restrictions when exercising their rights;Then,this chapter verifies through empirical cases,and analyzes that there are some shortcomings and defects in the rules of exercising shareholders’ rights in the reorganization procedure.The fourth chapter obtains the specific defects of the rules when the debtor’s shareholder rights are exercised through the third chapter,and puts forward some suggestions,such as canceling the restrictive conditions of the shareholder’s right to apply for reorganization,perfecting the information disclosure in the reorganization,and perfecting the rules for exercising the right to participate and vote,in the hope that the corresponding laws can be improved.