英文摘要 |
The theoretical origins of the bankruptcy reorganization system can be traced back to two ''forty years'' of development of the U. S. bankruptcy law, and the practice of turnaround management and incomplete contract theory can be used as modern interpretations of the U. S. bankruptcy reorganization. The bankruptcy reorganization system in China can be deconstructed from five dimensions: legislator, operator, right holder, judiciary and executive. Deconstructed from the legislator's perspective, after two leaps in legislative philosophy, the current reorganization system is mainly based on the U. S. reorganization system, but there is a need to improve the system due to institutional alienation and practical problems. Deconstructed from the operator's perspective, the reorganization operation model includes the operation model of the debtor in possession and the operation model of the bankruptcy administrator. A receivership system based on the principle of debtor in possession should be established to motivate debtors to start reorganization proceedings in a timely manner. Deconstructed from the right holder's perspective, the optimization of business environment has put forward new requirements for the reorganization system, and the protection of creditors should be emphasized. Deconstructed from the judiciary's perspective, there is a tendency of judicial interventionism in the reorganization system and practice, and the judiciary should play the role of referee well. Deconstructed from the executive's perspective, the executive should clearly define its role as a public servant in the reorganization process, and promote the institutionalization of the government- court coordination mechanism and the special responsibility of agencies. |