关键词: 破产程序, 破产重整, 预重整, 庭外重组, 司法实践

Abstract: Pre-reorganization aims to integrate the advantages of out-of-court reorganization and reorganization procedure. Its value goal can be realized by adopting the cognitive perspective of integrating different procedures. Based on the origin and goal of the pre-reorganization system，as well as the common pre-reorganization rules followed in other countries，China should construct a pre-reorganization system that integrates the out-of-court reorganization and judicial reorganization procedures，rather than the prereorganization judicial procedures currently experimented in certain regions. The pre-reorganization judicial procedures in experimentation blurs the boundary between prereorganization and reorganization，hollows out the value of reorganization system，and is not conducive to the function of prereorganization system. The pre-reorganization rules established by the procedures-through path should include full prereorganization and partial pre-reorganization，and clarify the information disclosure standards of the prereorganization，so that the achievements of the preparatory work in the pre-reorganization can be reviewed as far as possible by the court in the reorganization proceedings. Auxiliary institutions in pre-reorganization should not have the legal status of bankruptcy administrator. However，in order to improve the quality and efficiency of pre-reorganization and subsequent reorganization， legislation should strengthen the transformation of auxiliary organs into administrators in reorganization.

Key words: bankruptcy proceedings, bankruptcy reorganization, pre-reorganization, reorganization out of court, juridical practice