重整人制度研究
发布时间：2018-08-03 15:54
【摘要】：重整制度作为现代破产制度的最新组成部分，是现代商法鉴于大公司在社会经济生活中日益重要的地位和作用，为克服和解制度的消极之处，而于二十世纪发展起来的一种新型的更为有效的破产预防制度。其注意力，不在于如何避免适应破产清算程序，而在于使有破产危险的公司尽快复苏和壮大，从而保护股东、债权人、职工等各方面的利益。 随着我国社会主义市场经济的发展，现行破产法的历史局限性及其缺陷日益突出，其中整顿制度更是跟不上时代的步伐。为此，我国对该法的修改已进行了数十年之久。至今却还是个草案。但这也为我们研究重整人制度提供了充裕的时间。重整制度在我国理论界就很少见之研究，更不用说重整人制度的研究了。因此，本文就以重整人制度为研究对象，希望这有助于我国的重整制度的立法。 全文包括五个部分以及前言，约三万余字。行文如下： 前言部分主要是指出重整人的内含，，并结合我国当前对重整人制度的立法及理论研究状况，说明了研究重整人制度具有现实意义。 第一部分是重整人制度引入的平台。该部分分别从宏观方面和微观方面论证了重整人制度建立的可能性和必要性。可能性在于破产清算制度和和解制度不足引发的重整制度的建立。必要性在于董事会和清算中的管理人无法直接简单成为重整的业务执行人。针对我国现行破产法中的整顿制度是否是重整制度的争议，从整顿和重整的根本性质上加以了区别，指出了我国整顿制度非重整制度，重整人制度的不存在也是当然的结论。 第二部分是阐述重整人的法律地位。研究重整人的法律地位，对厘清重整人的权利和义务具有重要理论意义和实践意义。关于重整人的法律性质，学术界存在代理说和公吏说两种学说之争。但二者都存在缺陷。本文认为。要准确界定出重整人的法律地位，就得从理顺重整人与法院、重整企业以及利害关系人等各方面的关系着手。 第三部分为重整人角色的准入研究。通过考察有关国家或地区的重整制度，发现对重整人选任的准则存在两种相对立的观点。本文认为，这种分歧是缘于对公正和效率二者关系的权衡。并主张，重整人的选任应根据重整中介组织发展阶段而定。重整人在一定程度上讲，它掌握重整企业的生死命运，因此研究重整人应具备哪些条件就显得值得和必要。本文分别 从积极条件和消极条件方面加以了阐述。 第四部分是翻退重整人的权利和义务。综合各国法的规定，重整人的 职权大致有六个方面，报酬和利偿当然是重整人权利的范畴。在义务承受 方面，着重阐述了不同于董事所承受义务的方面。权利与义务的存在是对 立统一的，但权利有被滥用的时候，义务有被不履行的可能，因此有必要 设定法律责任作为强制的后盾。法律责任主要包括刑事责任、民事责任和 行政责任。 第五部分是研究重整人与其他重整机构的关系。由于立法技术、历史 背景以及各国国情的不同，各国或地区对重整机构有不同的设置。本文就 各主要国家和地区设置的重整机构作了翻概述和比较。并把这些形式多样 的机关归类为柑示机关、监督机关和意思机关三大机关。从而着重翻退了 重整人与重整监督人、重整人与关系人会议的关系。
[Abstract]:As the latest part of the modern bankruptcy system, the reorganization system is a new and more effective bankruptcy prevention system developed in twentieth Century, in view of the increasingly important position and role of the modern commercial law in the social and economic life, and in order to overcome the negativity of the reconciliation system. Bankruptcy liquidation should be carried out in order to make the company in danger of bankruptcy recover and grow as soon as possible so as to protect the interests of shareholders, creditors, employees and other aspects.
With the development of the socialist market economy in China, the historical limitations and defects of the current bankruptcy law are increasingly prominent, and the rectifying system is more than the pace of the times. For this reason, the revision of the law has been carried out for decades. But it has still been a draft. But it also provides ample time for us to study the system of rewhole people. The system of reorganization is very rare in the theoretical circle of our country, not to mention the research on the system of reorganizing people. Therefore, this paper takes the system of reintegration as the research object, and hopes this will help the legislation of the reorganization system in our country.
The full text consists of five parts and a preface of about 30000 words.
In the preface, the main point is to point out the inclusion of the whole people, and to illustrate the practical significance of the study of the system of re integration, combining with the current situation of the legislative and theoretical research on the system of heavy and complete human beings in China.
The first part is the platform introduced by the reintegration system. This part demonstrates the possibility and necessity of the establishment of the reintegration system from both macro and micro aspects. The possibility lies in the establishment of the reorganization system caused by the bankruptcy liquidation system and the lack of reconciliation system. The necessity is that the managers in the board of directors and the liquidation cannot be directly simple. In view of the dispute over the reorganization system in the current bankruptcy law of our country, the fundamental nature of reorganization and reorganization is distinguished, and the non reorganization system of the reorganization system in China is pointed out, and the non existence of the reorganization system is also a conclusion of course.
The second part is to explain the legal status of the re integration of the whole person. It is of great theoretical and practical significance to study the legal status of the rectification of the whole person and to clarify the rights and obligations of the whole person. There are two doctrines on the legal nature of the re integration of the human being, but in the academic circles, the two are all defective. The legal status of the whole person must start with straightening out the relationship between the reformer and the court, reorganizing the enterprises and interested parties.
The third part is the study of the admittance of the reintegral role. Through the investigation of the reorganization system in the countries or regions, there are two relative standpoints on the criteria for the selection of the rewhole people. This paper argues that this divergence is due to the balance of the relationship between the two and the efficiency of justice and efficiency. The reformer should be based on the development of the reorganization intermediary organization. To a certain extent, to a certain extent, to a certain extent, it grasps the fate of the life and death of the reorganization enterprise, so it is worthwhile and necessary to study the conditions which the people should have.
It expounds from positive and negative conditions.
The fourth part is to reverse the rights and obligations of the reformer.
There are generally six aspects of power. Remuneration and compensation are, of course, the category of regroup's rights.
In this respect, it focuses on the different aspects of directors' obligations. The existence of rights and obligations is right.
Although the right is abused, the obligation is not fulfilled, so it is necessary.
The legal liability includes legal responsibility, civil liability and civil liability.
Administrative responsibility.
The fifth part deals with the relationship between reformer and other reorganization bodies.
Background and different national conditions, countries and regions have different settings for reorganization agencies.
The reorganization organs established by major countries and regions have been summarized and compared.
The organ is classified as the citrus organ, the supervisory organ and the three main organs of the sense organ.
The relationship between reorganizing and reorganizing supervisors, reorganizing and reorganizing meetings.
【学位授予单位】：西南政法大学
【学位级别】：硕士
【学位授予年份】：2004
【分类号】：D912.29
本文编号：2162232
[Abstract]:As the latest part of the modern bankruptcy system, the reorganization system is a new and more effective bankruptcy prevention system developed in twentieth Century, in view of the increasingly important position and role of the modern commercial law in the social and economic life, and in order to overcome the negativity of the reconciliation system. Bankruptcy liquidation should be carried out in order to make the company in danger of bankruptcy recover and grow as soon as possible so as to protect the interests of shareholders, creditors, employees and other aspects.
With the development of the socialist market economy in China, the historical limitations and defects of the current bankruptcy law are increasingly prominent, and the rectifying system is more than the pace of the times. For this reason, the revision of the law has been carried out for decades. But it has still been a draft. But it also provides ample time for us to study the system of rewhole people. The system of reorganization is very rare in the theoretical circle of our country, not to mention the research on the system of reorganizing people. Therefore, this paper takes the system of reintegration as the research object, and hopes this will help the legislation of the reorganization system in our country.
The full text consists of five parts and a preface of about 30000 words.
In the preface, the main point is to point out the inclusion of the whole people, and to illustrate the practical significance of the study of the system of re integration, combining with the current situation of the legislative and theoretical research on the system of heavy and complete human beings in China.
The first part is the platform introduced by the reintegration system. This part demonstrates the possibility and necessity of the establishment of the reintegration system from both macro and micro aspects. The possibility lies in the establishment of the reorganization system caused by the bankruptcy liquidation system and the lack of reconciliation system. The necessity is that the managers in the board of directors and the liquidation cannot be directly simple. In view of the dispute over the reorganization system in the current bankruptcy law of our country, the fundamental nature of reorganization and reorganization is distinguished, and the non reorganization system of the reorganization system in China is pointed out, and the non existence of the reorganization system is also a conclusion of course.
The second part is to explain the legal status of the re integration of the whole person. It is of great theoretical and practical significance to study the legal status of the rectification of the whole person and to clarify the rights and obligations of the whole person. There are two doctrines on the legal nature of the re integration of the human being, but in the academic circles, the two are all defective. The legal status of the whole person must start with straightening out the relationship between the reformer and the court, reorganizing the enterprises and interested parties.
The third part is the study of the admittance of the reintegral role. Through the investigation of the reorganization system in the countries or regions, there are two relative standpoints on the criteria for the selection of the rewhole people. This paper argues that this divergence is due to the balance of the relationship between the two and the efficiency of justice and efficiency. The reformer should be based on the development of the reorganization intermediary organization. To a certain extent, to a certain extent, to a certain extent, it grasps the fate of the life and death of the reorganization enterprise, so it is worthwhile and necessary to study the conditions which the people should have.
It expounds from positive and negative conditions.
The fourth part is to reverse the rights and obligations of the reformer.
There are generally six aspects of power. Remuneration and compensation are, of course, the category of regroup's rights.
In this respect, it focuses on the different aspects of directors' obligations. The existence of rights and obligations is right.
Although the right is abused, the obligation is not fulfilled, so it is necessary.
The legal liability includes legal responsibility, civil liability and civil liability.
Administrative responsibility.
The fifth part deals with the relationship between reformer and other reorganization bodies.
Background and different national conditions, countries and regions have different settings for reorganization agencies.
The reorganization organs established by major countries and regions have been summarized and compared.
The organ is classified as the citrus organ, the supervisory organ and the three main organs of the sense organ.
The relationship between reorganizing and reorganizing supervisors, reorganizing and reorganizing meetings.
【学位授予单位】：西南政法大学
【学位级别】：硕士
【学位授予年份】：2004
【分类号】：D912.29
【引证文献】
相关硕士学位论文 前3条
1 王继芳;公司重整人制度研究[D];西南财经大学;2006年
2 章永进;破产重整机构法律制度研究[D];南昌大学;2008年
3 施文昌;公司重整人选任制度研究[D];西南财经大学;2008年
本文编号：2162232
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