论破产重整中债权人利益保护的问题与对策

Problems and Solutions about Protecting Creditors' Interests in the Bankruptcy Reorganization

重整制度是濒临倒闭的企业的生存希望,在金融危机的背景下,重整制度的运用更为人们所重视。新《破产法》实施两年来,从重整制度的适用范围、重整程序的启动、重整计划的制定批准与执行等角度审视,重整制度存在着债权人利益保护方面的问题,需要我们进行反思并提出相应的对策予以完善。

The bankruptcy reorganization system is the hope of the enterprises which is going to bankrupt. It is more important for people to use the bankruptcy reorganization in the context of the financial crisis. New ＂Bankruptcy Law＂ have been implemented for two years. Examined from the bankruptcy reorganization system applicable scope, the reorganization procedure＇ s start, the reorganization plan＇ s formulation, authorization and execution carefully, it is found that the bankruptcy reorganization system has some problems about creditors＇ benefit protection, which needs us to reconsider and propose corresponding countermeasures.