论我国上市公司重整计划的强制批准法律专业论文.docxVIP

1 1 2 2 Abstract The court’s approval ruling of reorganization plan is the necessary condition for the plan being legally effective, which plays a key role in the bankruptcy reorganization process.This approval is divided into normal and mandatory for approval.The cram-down of the reorganization plan points to the legal system that when the draft of reorganization plan is not passed unanimously by the the Party Conference , and if the draft of reorganization plan conforms with the law’s regulations, courts could approve this plan imperatively and make the plan coming to be effective.Bankruptcy reorganization plan is not only related to the success or failure of the bankruptcy restructuring, and the vital interests of creditors, investors and other stakeholders of the parties.And the court has a very key control function and unbeatable position in the process of this system’s applying. To ensure the court’s judge of cram-down could maintain social interests and protect the interests of the creditors and other interested parties,It is necessary to be asked to perform obligations according to the law carefully based on the fully and thoroughly understanding of the system,Then achieving the reorganization’s maximum benefit ， and further understanding and mastering the judicial operation or legal defects in the process of interaction of theory and practice. The essay combining with the experience of domestic Listed Company reorganization , drawing lessons from the rule of law about the cram-down of reorganization plan in other countries or regions,following the basic spirit of Enterprise Bankruptcy Law , by the means of comparative analysis, deductive induction and other methods, discusses the cram-down of reorganization plan system comprehensively. The easy is divided into preface, text, conclusions, and the text is divided into four parts again. PartⅠ: the overview about the cram-down of the reorganization plan. Firstly, starting from the reorganization sys