公司重整人制度研究
发布时间：2018-10-20 10:31
【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。重整制度的目标是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以及社会整体的利益。鉴于重整制度功能的强大与世界潮流的顺应,我国新《破产法(草案)》引入了该制度。 由于重整人是主持公司重整期间继续营业、具体执行重整计划的强权机构,其主持的重整事业更是关系到各方利益相关者的私权利益以及社会利益的平衡,这使得对重整人的激励与约束尤为重要,而其行为的公正和效率,不仅要依赖于其自身的善良品质和专业水准,更须依赖于各方面法律制度的健全。因此,本文就以重整人制度为研究对象,希望这有助于我国重整制度的立法。 全文包括五个部分以及导论,约三万余字。行文如下:导论部分主要是指出重整人的内涵,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。对研究中所使用的理论工具与研究方法也作了简要的说明。 第一章是重整人制度生成的背景分析,主要是对重整人产生的制度背景与理论基础进行了阐释。首先通过对破产法律体系“由破产清算到重整”变革的历程叙述,反映了重整制度的产生是公司重整人制度生成的制度背景;其次,本章系统梳理重整人制度的理论脉络,从两方面,即重整制度目标价值理论以及利益与共论论述了重整人制度产生的理论基础。挽救困境公司,使公司得以继续存在和发展,以维护各利益相关者和社会整体利益是重整制度的目标价值。重整人制度设立的动力就是来源于重整制度对目标价值的追求。利益与共论就是意味着在公司陷入困境之际,债权人成为重整公司事实上的所有人,从而在债权人和债务人以及债务人的投资人之间建立起了一种利益
[Abstract]:As the newest component of the modern bankruptcy system, the reorganization system is the modern commercial law, in view of the increasingly important position and role of large corporations in the social and economic life, in order to overcome the negative aspects of the reconciliation system, A new and more effective bankruptcy prevention system developed in the 20 th century. The goal of the reorganization system is to make the company in danger of bankruptcy recover and expand as soon as possible, thus protecting the interests of shareholders, creditors, workers and other aspects as well as the interests of the society as a whole. In view of the strong function of the reorganization system and the conformity of the world trend, the new bankruptcy Law (draft) of our country introduced the system. Since the reformer is a powerful power organization to carry out the reorganization plan during the period of the company reorganization, the reorganization enterprise it presided over is related to the private rights interests of the stakeholders and the balance of the social interests. This makes it very important to motivate and restrain the reformer, and the justice and efficiency of his behavior depends not only on his own good quality and professional standard, but also on the perfection of all aspects of the legal system. Therefore, this article takes the reorganization system as the research object, hoped this will help our country reorganization system legislation. The full text includes five parts as well as the introduction, about 30,000 words. The main content of the introduction is to point out the connotation of the reformer, and combined with the current legislative and theoretical research situation of the reorganization system in China, it shows that the study of the reorganization system has practical significance. The theoretical tools and research methods used in the research are also briefly described. The first chapter is the background analysis of the formation of the reformer system, mainly to explain the institutional background and theoretical basis of the reorganization system. First of all, by describing the process of the transformation of bankruptcy legal system from bankruptcy liquidation to reorganization, it reflects that the emergence of reorganization system is the institutional background of the formation of corporate reorganization system; secondly, this chapter systematically combs the theoretical context of reorganization system. This paper discusses the theoretical basis of the reorganization system from two aspects, namely, the theory of the objective value of the reorganization system and the theory of interest and co-existence. It is the objective value of the reorganization system to save the troubled company so that the company can continue to exist and develop in order to safeguard the interests of the stakeholders and the whole society. The motive force for the establishment of the reorganization system is the pursuit of the objective value of the reorganization system. The theory of interest and concordance means that when the company is in trouble, the creditor becomes the de facto owner of the company, thus establishing an interest between the creditor and the debtor's investors.
【学位授予单位】：西南财经大学
【学位级别】：硕士
【学位授予年份】：2006
【分类号】：D922.291.92
本文编号：2282874
[Abstract]:As the newest component of the modern bankruptcy system, the reorganization system is the modern commercial law, in view of the increasingly important position and role of large corporations in the social and economic life, in order to overcome the negative aspects of the reconciliation system, A new and more effective bankruptcy prevention system developed in the 20 th century. The goal of the reorganization system is to make the company in danger of bankruptcy recover and expand as soon as possible, thus protecting the interests of shareholders, creditors, workers and other aspects as well as the interests of the society as a whole. In view of the strong function of the reorganization system and the conformity of the world trend, the new bankruptcy Law (draft) of our country introduced the system. Since the reformer is a powerful power organization to carry out the reorganization plan during the period of the company reorganization, the reorganization enterprise it presided over is related to the private rights interests of the stakeholders and the balance of the social interests. This makes it very important to motivate and restrain the reformer, and the justice and efficiency of his behavior depends not only on his own good quality and professional standard, but also on the perfection of all aspects of the legal system. Therefore, this article takes the reorganization system as the research object, hoped this will help our country reorganization system legislation. The full text includes five parts as well as the introduction, about 30,000 words. The main content of the introduction is to point out the connotation of the reformer, and combined with the current legislative and theoretical research situation of the reorganization system in China, it shows that the study of the reorganization system has practical significance. The theoretical tools and research methods used in the research are also briefly described. The first chapter is the background analysis of the formation of the reformer system, mainly to explain the institutional background and theoretical basis of the reorganization system. First of all, by describing the process of the transformation of bankruptcy legal system from bankruptcy liquidation to reorganization, it reflects that the emergence of reorganization system is the institutional background of the formation of corporate reorganization system; secondly, this chapter systematically combs the theoretical context of reorganization system. This paper discusses the theoretical basis of the reorganization system from two aspects, namely, the theory of the objective value of the reorganization system and the theory of interest and co-existence. It is the objective value of the reorganization system to save the troubled company so that the company can continue to exist and develop in order to safeguard the interests of the stakeholders and the whole society. The motive force for the establishment of the reorganization system is the pursuit of the objective value of the reorganization system. The theory of interest and concordance means that when the company is in trouble, the creditor becomes the de facto owner of the company, thus establishing an interest between the creditor and the debtor's investors.
【学位授予单位】：西南财经大学
【学位级别】：硕士
【学位授予年份】：2006
【分类号】：D922.291.92
【引证文献】
相关硕士学位论文 前4条
1 蔡启霞;破产重整债务人自行管理制度研究[D];南昌大学;2011年
2 施文昌;公司重整人选任制度研究[D];西南财经大学;2008年
3 黄海萍;论公司重整制度中的利益平衡[D];贵州大学;2009年
4 周胤;论破产重整中管理人外部监督机制的完善[D];贵州大学;2009年
，本文编号：2282874
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