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The Procedures-through Path of Pre-reorganization System Construction in China
FAN Zhiyong
JIANGHAN ACADEMIC
2024, 43 (2):
109-117.
DOI: 10.16388/j.cnki.cn42-1843/c.2024.02.011
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.
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