公司重整法律问题研究——以利益平衡理论为视角经济法专业论文.docx

Study on the legal issues of company reorganization ------base on the theory of interest balance Abstract Company reorganization is an process that debtor has the bankrupt reason，but still has the value of reconstruction.it aims to maintain its normal business. Although the bankruptcy reorganization system is the product of conforming to the social development needs and the reality of the development of company system. Not on the basis of existing legal concepts and legal system. company reorganization system is the product of society, rather than the legal fiction of product. But does not prevent us to carry on the discussion to the reorganization of rational spirit and theoretical basis of the system. the theory of social control,Pareto efficiency theory, justice value. Stakeholder theory and social responsibility theory are theoretical basis of the system provides a powerful explanation and the judge is lack of the capability of business judgment，advice establishing absolute priority rule， When the company is in reorganization process，the Conflict of interest is more complex and sharp than normal business stage. Because of the companys normal business stage, although there are conflicts of interest, but mainly in the internal conflict. Mainly for the shareholders, directors and managers in the company decision-making on the divergence of interests. External body due to the company to achieve their need to maintain the relationship peacefully. Outside the company the legal relationship is relative stability. Creditors and other stakeholders is not involved in the interests of the company. No more related to the damage of public interests. When the company is in reorganization, because its business is already in trouble, the scarcity of company assets and resources led to various stakeholders have been unable to satisfy all the needs, then the conflict of interest will be more fierce, so the company have been the centre of the various contradictions and