1卷 第1期
Chinese Academy of Social Sciences
纸质出版日期: 2017 ,
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ZOU Hailin. (2017). Supply-side Structural Refom and the Application of Bankruptcy Reorganization System. 商事法律评论(英文版), 1(1), 3-27.
ZOU HAILIN. (2017). Supply-side Structural Refom and the Application of Bankruptcy Reorganization System. Journal of Commercial Law Review, 1(1), 3-27..
The proper application of bankruptcy reorganization is an important measure to implement the supply-side structural reform. Using the bankruptcy reorganization system to promote the reform of the economic structure
removing capacity and adjusting structure
is not only the leading role of marketization
but also a demonstration of the civilization governed by law. In terms of concept
we can not exaggerate the function of bankruptcy reorganization system. When facing the supply-side structural reform with excess production capacity
the reasonable and effective allocation of resources should be realized
and the bankruptcy reorganization system should be prudent. In terms of practice
how to choose and apply the bankruptcy reorganization system to make it fully realize the function of resource allocation
the court of China still has a wide space to explore the institutional structure of the reorganization procedure stipulated in the Enteprise Bankrupicy Law.
overcapacityresource allocationbankruptcy proceedingbankruptcy reorganizationlaw application
1.See Typical Cases of Peoples Courts on Bankruptcy Cases in Accordance withthe Law and Structural Reforms on the Supply Side . 3rded., Jun. 16th, 2016.2.Yu Jianhua and Zhu Lu.Judicial Liquidation of Zombie Enterprise: Work Survey on Zhejiang Shaoxing Courts Dealing with Zombie Enterprises. 5th ed., Sept. 15th, 2016.3.Some scholars regard the bankruptcy proceedings of the total transfer of the debtors business as selling reorganization冶, and try to find a balance betweenbankruptcy liquidation and bankruptcy reorganization. See Wang Xinhuan. Converting Concepts without Destroying and Building冶. . 5th ed., Sept. 15th, 2016.4.Zou Hailin. The System Analysis and Application of the Enterprise Regeneration Program in China . 1st ed.,5.Yu Lin and Xie Yong. Respecting the Independent Merger and Reorganization of Enterprises and Establishing a Market Oriented Bankruptcy System. 4th ed., Sept. 19th, 2016.6.The Project Group of the Superior Peoples Court of Shandong. InvestigationReport on the Disposal of Zombie Enterprises According to Law.. No. 13, 2016.7.Such as establishing a unified coordination between the court and the government for enterprise bankruptcy, establishing informational platform for national enterprises bankruptcy reorganization case, promoting the implementation of carrying out bankruptcy system,improving the performance appraisal of the trial of bankruptcy cases and setting up enterprises liquidation and bankruptcy courts. 258.Luo Shuzhen. Trialing Bankruptcy Bases Legally and Handling the Zombie Enterprises Safely: An Interview for Du Wanhua, A Full-time Member of Judicial Committee of the Supreme Peoples Court . . 2thed., April 26th, 2016.9.Zou Hailin and Zhou Zexin. . China Social Sciences Press, 2013, pp. 97-99.10.See the second article of Notices on Relevant Issues Concerning the Filing of Bankruptcy Cases by the Supreme Peoples Court.11.See the first article of Notices on Relevant Issues Concerning the Filing of Bankruptcy Cases by the Supreme People爷s Court.12.Zou Hailin.. China Social Sciences Press, 2016, pp. 87-88.13.Ibid., 6.14.See the term 513 of Explanations on the Application of by the Supreme Peoples Court.15.Ibid., 1.16.Ibid., 1.17.See the 3rd and 73rd articles of . 18.See the 24th article of , and the 18th article of Provisions on the Designated Administrators in Handling Bankruptcy Casesby the Supreme People爷s Court.19.Ibid., 6.20.Ibid., 1.21.Ibid., 1.22.See the 2nd term of the 73rd article of . 23.Ibid., 12, p. 159.24.See the the 23rd article of . 25.Wang Xinxin. The Substantive Consolidation and Bankruptcy Procedure of the Affiliated Enterprises冶. Yu Lin. The Regulation of the Overall Reorganization of the Bankruptcy of the Affiliated Enterprises. Kong Weiyin. Understandingand Application of the Practical Rules of Merge.. No. 28, 2016.26.Li Yongjun and Li Dahe. The Conditions and Judicial Review of Starting Reorganization Procedure: A Query to Merge and Reorganization.. Social Science Ed., no. 6, 2013.27.The Second Tribunal Group of the Senior Peoples Court of Chongqing. Legal Problems and Countermeasures in the Merger of Affiliated Enterprises26Bankruptcy. Law Application. No, 12, 2009.28.Ma Ruomei. The Marketization Must Be Implemented to Achieve the Win-win situation of Debt-to-equity Swap. . 3rd ed., April7th, 2016.29.Zhong Wei.Debt-to-equity Swap: History, Current situation and Policy Limitations. . No. 4, 2016.30.Ed. by the Drafting Group of. Interpretation of Enterprise Bankruptcy Law of Peoples Republic of China. Peoples Publishing House, 2006, p. 271.31.See the the 87th article of . 32.Ibid., 12, p. 415.33.Zou Hailin. The Uncertainty of the Reorganization Plan Compulsory Approval by the Court. . Vol. 11, 2012.
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