英文摘要 |
The linkage between the government and the court is a new path for the bankruptcy and reorganization of the market and the rule of law in China. However, the imbalance of the government in the reorganization of listed companies in China directly affects the realization of the purpose of the linkage between the government and the court. The pre- approval of the government in the reorganization of the listed company, the conflation of the government's public management identity, shareholder identity and managerial identity directly reduces the dominant position of the court in the reorganization of the company, resulting in a low degree of marketization of listed companies and the interests of creditors be infringed. In order to solve the imbalance in the government, it is necessary to clarify the role of the two in the restructuring of listed companies, The dominant position of the court should not be shaken, and the government should only play an auxiliary role. On the basis of this positioning, establish the standard of reorganization of listed companies, and the designated professionals of the court investigate the feasibility of reorganization; establish a bankruptcy reorganization administrator association; in addition to the information disclosure of creditors, strengthen the information on the court in the reorganization disclosure to achieve a balance of government relations. |