| Reconstructing hope should be one of the requirements for the commencement of reorganization proceedings,and a troubled enterprise cannot enter reorganization unless it has the hope of rebuilding.In the past,the law did not require the review of rebuilding hopes during the commencement of reorganization proceedings in order to avoid vague concepts in the law and to leave room for rent-seeking.With the change of society,the contradiction between the neglect of the review of rebuilding hopes and the realistic needs became more and more obvious,and Article14 of the Minutes of the National Conference on Bankruptcy Trials of Courts,which was introduced to alleviate the conflict,included rebuilding hopes in the scope of review and judicially confirmed it as the identification standard.However,due to the lack of legislative link and specific and comprehensive review content,it is difficult to ensure the legality and practicality of this document.t is imperative to legislate to confirm the elements of rebuilding hope and improve the related judicial system.This paper will first expound the theoretical,external and practical basis of the regulation of re-construction Hope,and explain its feasibility and necessity;secondly,make clear the necessity,concrete concept and expression of the legislative confirmation of the status of re-construction hope elements,at the same time,the content of judicial review is classified and refined to improve the existing judicial identification standards.Finally,the corresponding mechanism is put forward to lubricate the legislation and judicial operation.This paper uses the methods of literature analysis and system analysis to finish the discussion of the elements of the hope of reconstruction from four parts: The foundation of regulation,the construction of legislation,the perfection of the judicial identification and the innovation of the identification mechanism. |
