bankruptcy pre-reorganization (Pre-Packaged Administration，The following referred to as "pre -reorganization") refers to the company that is trapped in the dilemma and its creditors before the formal bankruptcy and reorganization，Actions to negotiate and sign the agreement to promote the legal reorganization procedure。Compared with the formal reorganization program，Pre -weight is flexible and convenient、Low cost、Non -open (retain brand value)、Maintain corporate operation、Keep key employees and other advantages。Although pre -re -re -re -re -re -re -re -re -reinity in judicial practice is not uncommon，But my country's "Enterprise Bankruptcy Law" does not specify this system，Leading a lack of unified rules constraints，Especially the pre -edit starting rules。In order to give full play to the institutional advantage of reorganization，Avoid the phenomenon of the parties from "selecting the court"，Build a unified pre -starting rule on the basis of judicial practice in various places。

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Pre -reorganization should be determined according to the characteristics of the debtor to determine its applicable object。Specifically，Should consider whether the debtor meets the bankruptcy conditions，Whether it has a reorganization value，Can I reach the agreement in the short term，and the status of assets and liabilities。

First，Pre -reorganization is not a formal reorganization program，Can't stop judicial procedures that are not good for debtors，There are risks that are executed by high -quality assets of enterprises and losing Bet365 app download the value of reorganization。So，Enterprises that have met the entry bankruptcy requirements in the "Enterprise Bankruptcy Law" are often difficult to achieve the goal through pre -reorganization。For such enterprises，If it has reorganization value，Should clean up the debt through the formal reorganization procedure，Save the company; if it lacks the value of reorganization，Clean claims and debts through bankruptcy liquidation procedures，Optimized allocation of resources。

Second，Pre -weight is full of reorganization value，And the debtor and the major creditors can reach an agreement in the short term。Long -term negotiation consultation，The debtor's assets may be diluted，The success rate of reducing the formal bankruptcy and reorganization。my country's current local practice often take quantitative、Qualitative or mixed enumerate the type of debtor enterprise that is applicable to the pre -renewal。The number of creditors in some areas、Number of employees、Social influence and other factors as the condition for starting the pre -re -reinforcement。Some areas issued a written document for the government，or the court determines that debtors have the value of reorganization as the condition for starting the pre -reorganization。But overall，The possibility of reorganization of an enterprise and the possibility of reaching an agreement in the short term are important factor considered by local courts。

Last，Pre -weight is often applicable to large enterprise groups and listed companies。The debt structure of large enterprise groups is more complicated，The number of creditors is large、Greater distribution，often involved related debts between parent and subsidiaries or between subsidiaries。Applicable pre -re -re -re -reorganization for such debtors，allowing all parties to get more bet365 Play online games time，to avoid formal reorganization and being restricted at the time limit and it is difficult to reach an agreement。other，Before the listed company in my country enters the formal reorganization process，Often clearing the obstacles by pre -heavy cleaning。Current，The acceptance procedure of the reorganization of listed companies takes a long time、Great uncertainty，Not conducive to maintaining the market value of listed companies。Applicable to the entire program at this time，Avoid creditors unilateral behavior harm the assets of listed enterprises，Not only does the creditor and the debtor provide full time，It also leaves sufficient space for listed companies to enter the formal reorganization procedure by regulatory agencies。

The pre -reorganization system with the outside region is mainly applicable to different small and medium debtors，my country's pre -reorganization system is often applicable to large enterprises with complex debt and debt relationships，and with distinctive government intervention features。So，Pre -reorganization conditions、Examinement procedure, etc.，All rules established by the government or court should be followed。Future，You can determine the debt -like type of pre -reorganization through the method of "soft constraints+court pocket review"。Due to the imbalanced economic development in my country，It is not advisable to use a single quantifiable financial indicator as a standard for pre -renewal。Should adopt more flexible enumeration standards，such as "creditor、Number of employees "" "greater social impact", etc.，Given more flexible tailoring space for bankruptcy trial agencies。

　Pre -reorganization starting mode

The current pre -reorganization method in my country includes the parties start itself、After the parties apply, the court will review bet365 live casino games it according to power、Government start three types。

One is that the parties start the pre -puppet whole program。This model fully respects the meaning of creditor and debtor，Avoid excessive intervention of public power as much as possible。If the Xiamen Intermediate People's Court requires only when the temporary manager needs to specify，The court involved in the pre -renewal in indirect form。In practice，The court shall specify the pre -renewal administrator according to the creditors，and guide the manager to carry out work，to ensure the legitimacy of the pre -reinforcement program、authority，Improve the success rate of pre -re -re -reinstation。

The second is that the court after the party applied for its authority for review。This model gives the court to control the startup of the pre -reorganization program，Avoid the parties from abusing the entire program，At the same time, it is beneficial to the creditors and the debtor to use the entire program to reach an agreement。For example, regulations on the Beijing bankruptcy court，Decharns who meet the conditions of acceptance must be reviewed by the court，Fang can enter the entire program。Shaanxi similar to Beijing mode、Zibo and other places，Allows the court to hold a hearing before determining the debtor enterprise to enter the pre -program。

The third is to start the pre -pipe by the government。Under this mode，The government has a decisive role in the process of pre -reorganization，The court is carried out on the basis of the government's decision，Not the reasonable to start the relevant pre -reinvideated program、Feasibility for review。For example，It is stipulated that the entry of the debtor's enterprises shall be confirmed by the local government to release written documents，The People's Court's Filtering bet365 Play online games Department shall submit the bankruptcy trial business court。

Three pre -and -renewal modules have their own advantages and disadvantages，Its core is to allow the debtor to obtain the consent of the main creditors。The practice of my country's bankruptcy law，The pre -weight of the lack of public agencies is often difficult to obtain the consent of the creditors，Lack of corresponding authority，3726_3740。So，Respect the parties to autonomy and let public agencies participate moderately，It should be the premise of starting the pre -reorganization。Comparison of comparison，"Application of the parties+court review" mode can better meet the requirements of pre -reorganization。

On the one hand，Under the framework of the general court，The debtor needs to go to the temporary manager、Creditors disclose the real situation of the enterprise，Creditors also need to make compromises based on the debtor's situation。Start the pre -renewal if you do not solicit the opinions of the relevant person，Not only does it violate the pre -reorganization system to respect the meaning of the parties' intention and autonomy，It is also difficult to reach a protocol for debt disposal，Can't achieve a pre -re -purpose purpose。On the other hand，The court can use the symposium、Hearing and other forms of listening to the opinions of all parties，Legal in the process of supervision and negotiation，Avoid entering the formal program，The agreement is invalidated due。

，Pre -reorganization is the free consultation between the debtor and the creditors，There is a essential difference between starting pre -reorganization and formal reorganization procedures。Starting the pre -re -re -re -re -re -reorganization will not substantially change the relationship between the rights and obligations Bet365 lotto review of all parties，will not lead to concentrated jurisdiction、Stop execution、Lift preservation measures、Stopping interest calculation and other effects。So，When starting the pre -re -reinstacy, the parties outside the debtor should not be given the right of objection。If the parties think that the agreement reached by the pre -reorganization damages its legitimate rights，In the formal reorganization procedure, it is sufficient to raise objections or litigation in accordance with the law。The main point of the court's review is that all parties should fully disclose the relevant information during the pre -duration，to ensure that the pre -re -corporate agreement meets the true wishes of the parties。

In short，my country's current lack of consensus for the pre -re -system，Lack of pre -starting mode that can promote the whole country，Preparatory practice in various places is still in the exploration stage。In practice，The court often plays an important role，No matter what the startup mode is inseparable from the guidance and supervision of the judiciary。In view of the lack of professionalism of the current debt disposal interests in my country，It is necessary to participate in the pre -reorganization of judicial organs，Not only can solve the problem of professional lack of professionalism，You can also supervise the legitimacy of the pre -reorganization system。What needs attention is，The pre -reorganization system is also conducive to solving the problem of lack of time limit for the official reorganization program。So，Under the premise of respecting the parties，Make sure the effectiveness of the agreement reached during the pre -re -re -re -re -re -re -re -re -re -re -re -re -re -re -re -re -re -re -re -re -re -re -re -re -re -re -re -re -re -re -re -re -re -re -re -re -re -re -re -re -re -re -re -re -re -re -re -re -re -re -re -re -re -re -re -re -re -re -re -re -re -re -re -re -re -re -re -period period，It is important to the practice of my country's bankruptcy law。

　(Author Unit: Institute of Bankruptcy and Reorganization, Zhejiang University of Technology)