我国困境企业的预先重整程序——从中国二重重整案谈起

On the Pre-reorganization Process of Distressed Enterprises--Talking from the Case of China’s Double Reform

随着破产重整程序在实践中的广泛应用,其弊端逐渐显露出来,预先重整程序应运而生,它为困境企业的重生铺设了新的路径。二重重整案是实践中的典型案例,其成功重整为其他困境企业提供了诸多经验。但是我国的预重整程序无论是在规范领域,还是在实践环节都有所欠缺,需要通过针对性的程序规范重构,进一步明晰预先重整的启动、程序中各方角色定位等问题,并通过统一的司法规范对现有的模式实施改进。

With the widespread application of bankruptcy and reorganization procedures in practice, its shortcomings have gradually emerged. Pre-reorganization procedures have emerged at the historic moment, and it has paved a new path for the rebirth of distressed companies. The double reorganization case is a typical case in practice, and its successful reorganization has provided a lot of experience for other companies in distress. However,China’s pre-reorganization process is lacking in both the normative field and the practice. It needs to be restructured through targeted procedures and norms to further clarify the issues such as the start of pre-reorganization,the positioning of the parties’ roles in the process, and other issues. The judicial norms have implemented improvements to existing models.