JIANGHAN ACADEMIC ›› 2024, Vol. 43 ›› Issue (2): 109-117.doi: 10.16388/j.cnki.cn42-1843/c.2024.02.011
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FAN Zhiyong
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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
CLC Number:
D922.291.92
FAN Zhiyong. The Procedures-through Path of Pre-reorganization System Construction in China[J]. JIANGHAN ACADEMIC, 2024, 43(2): 109-117.
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URL: https://qks.jhun.edu.cn/jhxs/EN/10.16388/j.cnki.cn42-1843/c.2024.02.011
https://qks.jhun.edu.cn/jhxs/EN/Y2024/V43/I2/109