Trial from November 1, 1988、The "Bankruptcy Law of the Enterprise of the People's Republic of China (Trial)", which has been abolished now, stipulates reconciliation and rectification、Bankruptcy announcement and bankruptcy liquidation system。The "Enterprise Bankruptcy Law of the People's Republic of China" (hereinafter referred to as the "Enterprise Bankruptcy Law"), which is implemented from June 1, 2007)，Introduction of bankruptcy reorganization system。Although the reorganization and reconciliation are all the saving system of the enterprise，There is a certain degree of function overlap，But my country's legislation still retains the reconciliation system in the bankruptcy law of old enterprises，to form bankruptcy liquidation、Reorganization and reconciliation procedures for three -legged standing。Since ancient times，mediation、Calling and other methods is an important means to solve many contradictions and disputes for parties，The bankruptcy and reconciliation system is inherited from the "and" cultural concepts in my country's traditional culture。Learn this，The establishment of the "Enterprise Bankruptcy Law" sets a detailed regulations for bankruptcy and reconciliation system，The "Minutes of the National Civil Commercial Judgment Work Conference" (Fa [2019] No. 254) issued by the Supreme People's Court (Fa [2019] No. 254) also emphasizes that it is emphasized that the reconciliation procedure is easy to clean and quickly clear the relationship between claims and debt relationships. Function，Encourage the parties to achieve a win -win interest in all parties through reconciliation procedures or reaching a self -reconciliation method。

At the beginning of the implementation of the "Enterprise Bankruptcy Law"，The system of bankruptcy and reconciliation has bet365 best casino games not reached legislative expectations，The applicable rate is very low，Facing the bankruptcy crisis。But in recent years，The system of bankruptcy reconciliation is gradually valued by the parties，Its convenience、Efficient and other advantages are increasingly prominent。Usually，The reconciliation program is mainly suitable for a small size or a small number of creditors，The debtor who may be saved, but applicable to the reorganization procedure and excessive cost。But with more and more large enterprises applying for bankruptcy and reconciliation procedures to obtain rebirth，The above rules are also constantly breaking through。Ru Group Co., Ltd. is a national large -scale enterprise，Total assets nearly 50 billion yuan，More than 16,000 employees，After applicable to bankruptcy reconciliation procedures，The court's final ruling of the reconciliation agreement provides creditors with a variety of debt repayment methods，greatly increased the settlement rate of ordinary creditors。Another as Shandong Jade Emperor Chemical (Group) Co., Ltd. is one of Heze Chemical Giants，There are many employees，Number of related companies，The case is finally innovative and applicable to 32 companies including Jade Emperor Chemical Industry merged and reconciliation procedures，Properly solved the debt crisis。，Courts of various places、Manager、Debields and creditors are increasingly paid attention to and actively using bankruptcy reconciliation system，This prompts my country's bankruptcy and reconciliation system to enter a new period of prosperity and development。

my country's "Enterprise Bankruptcy Law" Chapter 9 from Article 95 to 106 of Article 106 A total of twelve clauses specify the reconciliation system。How to apply bankruptcy reconciliation procedures for the parties，It mainly provides the following three paths: first，The debtor applies directly to the applicable bankruptcy and reconciliation procedure; bet365 Play online games the second，The debtor is converted to the bankruptcy and reconciliation program through the program，If the bankruptcy liquidation transfer reconciliation、Reorganization and reconciliation; third，The debtor applies to Article 105 of the "Enterprise Bankruptcy Law" stipulates to reach a settlement with all creditors。The author combined with specific rules and judicial cases，Analyze the commonality and personality of the above paths，Therefore, it provides reference for the parties to choose the appropriate path to enter the bankruptcy reconciliation procedure。

Analysis from the perspective of commonality，The core content of the bankruptcy reconciliation system is as follows: First，The bankruptcy reconciliation process can only be proposed by the debtor，Other interests must be proposed。The legislative reason for this provision is，The debtor's assets and liabilities and ability to repay、Is the debtor's enterprise operating the most clear value?。Celestial creditors make concessions to reduce exemption、Delay debt，To maintain the debtor to continue operation，It can only be sincerely proposed by the debtor，Creditors can only agree with reconciliation，The negotiations developed will be smoothly advanced to reconciliation。2，The most important materials that need to be submitted for bankruptcy and reconciliation applications are the "Draft Calling Agreement"，This draft is a method for debt claims for debtors and creditors、Council ratio and settlement period to negotiate a plan，The debtor needs to start multiple rounds of negotiations with the debtor to reach。third，The reconciliation agreement needs to be approved by the creditor meeting.、The court ruled that the legal effect can occur。The creditor meeting is composed of creditors who attended the meeting with voting rights，It mainly refers to the creditor who enjoys the debtor's non -property guarantee when the court accepts the bankruptcy application。The court usually focuses on whether the procedure approved bet365 Play online games by the creditors meeting is legal、Whether the creditors' claims in the settlement agreement are less than bankruptcy liquidation、Whether the performance of the reconciliation protocol is objective and impossible, etc.。If the creditor's meeting has not been approved or passed, the settlement agreement has not been approved by the court，then ruled to terminate the settlement procedure，and declare the bankruptcy of the debtor。Different in the Court of Court of Court of Bankruptcy Reorganization，In the bankruptcy reconciliation process，The court has no right to compulsory approval of the reconciliation agreement，Because the reconciliation process is designed to emphasize the meaning of the parties。Fourth，In the bankruptcy reconciliation process，The reconciliation agreement takes effect after the ruling is recognized，Managers should transfer property and business affairs to the debtor，The debtor re -obtain the control of property and operation，Autonomous production and operation; the manager's position is terminated，Do not supervise the situation of the settlement of the settlement of the debtor。Compared with bankruptcy liquidation and bankruptcy reorganization procedures that have not adopted the "debtor's own management" model，bankruptcy reconciliation procedure can make the debtor、Shareholders and actual controllers do not lose their control of enterprises to a certain extent，This makes the reconciliation procedure attractive to them。fifth，The guarantee creditors have not given up the right to pay priority in the reconciliation procedure，Do not enjoy voting rights for passing the settlement agreement。Compared with the suspension of the rights and interests of the guarantee creditors in the bankruptcy reorganization procedure，In the bankruptcy reconciliation process，Guarantee creditors exercise priority without restrictions，Undoubtedly the efficient and convenient promotion of the reconciliation program will form a certain obstacle，Therefore, the enterprise chooses to Bet365 lotto review apply for bankruptcy and reconciliation in the case of less guarantee creditors or comparative cooperation，It is expected to improve the success rate。

Analysis from different perspectives，The choice paths that enter the bankruptcy and reconciliation procedures above are large.。First，Is there any difference in the judicial leadership of the court。The debtor applies directly to enter the reconciliation procedure and converts from other bankruptcy procedures to reconciliation procedures，All belong to the settlement procedure under the judicial leadership of the court; the debtor applies to Article 105 of the Enterprise Bankruptcy Law，is a voluntary consultation、Program for self -reconciliation，The court only approved the request of the person，and end bankruptcy procedures，Fully respect the meaning of the parties autonomy。2，The difficulty of negotiating and reaching a reconciliation agreement is different。If you choose，It is required that the debtor and all creditors to reach an agreement on the handling of creditor's debt and debt，At this time，As long as one creditors do not cooperate，It will not be able to reach a settlement agreement。and the other two paths start the bankruptcy reconciliation process，Voting for the reconciliation protocol，More than half of the voting creditors who are attending the creditors meeting will agree，And the creditor's creditor's rights account for more than two -thirds of the total amount of property guarantee claims。third，Compared with the other two paths，When using a program conversion method，Reorganization program transfers to reconcile program, there is a large judicial risk and uncertainty。According to Article 95 of the Enterprise Bankruptcy Law、Article 99，The debtor can accept the application for bankruptcy in the people's court、Prompt for bankruptcy，Apply for reconciliation from the people's court;，Can be converted to liquidation program。So，Bankruptcy liquidation and bankruptcy and settlement procedures to change freedom of each Bet365 lotto review other，This case is also endless。But the "Enterprise Bankruptcy Law" has not stipulated the conversion between bankruptcy reorganization and bankruptcy reconciliation procedures，Disputes in practice。

In the practice of bankruptcy，Some courts think，In the field of people and business，Law cannot prohibit freedom，Innovatively allows bankruptcy reconciliation and bankruptcy reorganization procedures to transform，Ruyang Xinyuan Paper and Reorganization Case、Wenzhou Sanlian Forging Co., Ltd. Reorganization and Solving Case。In the reorganization and solution of Wenzhou Sanlian forging Co., Ltd.，Ruian People's Court considers，The draft reorganization plan submitted by the manager in this case does not involve changes in the equity structure，The claims of the same nature use different settlement ratios，Draft reorganization plan is closer to bankruptcy reconciliation，Then the draft reorganization plan is not approved but not declared bankruptcy，Instead of guiding the debtor to launch a draft of the reconciliation agreement，Finally, the Ruian Court ruled to recognize the reconciliation agreement and terminate the settlement procedure。But some courts believe that the function substitution and overlapping of functional alternatives between reorganization and reconciliation programs，Once the parties have selected the reorganization program or reconciliation program，It can no longer be converted to each other。Learn this，When the parties choose to convert from the reorganization program to the reconciliation program, you should be careful，Need to comprehensively evaluate relevant risks。

In short，The formulation and application of the bankruptcy law of the country is often related to the social economy of the country、Covery correlation with culture and policy。Bankruptcy reconciliation procedure fits the "and" cultural concepts in my country's traditional culture，With strong development potential，The parties can choose the appropriate path to enter the program，bet365 live casino games To achieve the simplicity of bankruptcy and reconciliation procedures、Effective saving enterprise goals。

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(Author Unit: Law School of Qingdao University)