文档介绍：破产重整中担保债权人的权利保护
摘 要
重整程序是西方破产制度改革的一大成果,也是社会本位立法模式的外在
体现。与破产程序相比,重整制度在经济价值和制度意义上都具有不容忽视的
法机关、法院、管
理人和担保债权人自身各自应当完成的工作和承担的责任。在近年的重整案件
中,出现了将“涉案担保财产予以没收”、“将担保物变现清偿担保债权,价值
不足部分不再予以清偿”等无法律根据错误处置担保债权的现象,说明建立重
整中担保债权的保护制度具有必要性和紧迫性。本文试图从实践中吸取经验教
训,在重整制度在我国逐步实行的同时,探求对其改进和完善的途径。
关键词:重整;担保债权;权利;保护 Abstract
Reorganization system is a great achievement of the bankruptcy law reform in
the western countries, and it is also the outer embodiment of the social standard of
economic law. Compared with the bankruptcy system, reorganization system has
conspicuous advantages. In nowadays, more and more enterprises choose to apply
for reorganization when they have difficulties with paying the debt. Reorganization
system helps them to survive in the crisis and to avoid the consequences of
liquidation. Since reorganization system could prevent enterprises from going
bankrupt, save social costs, solve the problems of business management
fundamentally, legislators and government have taken multiple measures to propel
the progress of business restructuring
Whether the restructuring could be carried out smoothly, largely depends on
whether creditors could reach a consensus about the reorganization plan, whether
they could concede in the conflicts of interest, whether they would provide the
conditions for the debtor to carry out reorganization. Creditors’ rights meet the
procedural and substantive restrictions on multiple aspects, and the most notable is
the restriction to the secured creditors, which is conflicted with civil law in a certain
degree, because secured creditors have priority for repayment according to the
principle of civil law. Protecting the rights of the secured creditor could enhance the
success of reorganization, and maintain the balance between the interests of debtors,
secured creditors and society as a wholeIn this thesis, several analysis methods such as compare and induction are used
to elabora