中国小微企业简易重整程序的构建

Abstract

Small and micro enterprises in China have developed rapidly in recent years, and have become the main body to absorb social employment, adding great vitality to China's economic development and becoming an indispensable part of China's market economy. Compared with large enterprises, small and medium-sized enterprises have the advantages of smaller operation scale and relatively flexible organizational structure, but they also have many disadvantages such as small size, insufficient capital, small market share, poor operating environment and weak financing ability. The reorganization system in China Bankruptcy Law is based on Chapter 11 of American Bankruptcy Law, and it is obviously unsuitable for small and medium-sized enterprises. Since 2018, courts all over China have been actively exploring simplified trial mechanism. Under the above background, it is necessary to establish a simplified reorganization system for small and medium-sized enterprises in China. Only by effectively reorganizing small and medium-sized enterprises in China, saving costs for small and medium-sized enterprises through simple procedures and better protecting the development of small and medium-sized enterprises can they give full play to their functions of promoting employment, raising income level and promoting healthy social and economic development. Under the bankruptcy reorganization system, we should set up a differentiated simple reorganization system, clearly define the scope of small and medium-sized enterprises, increase the scope of applicable subjects, reduce the reorganization cost of small and medium-sized enterprises, simplify the investigation and application methods, and improve the approval rate of the reorganization draft. Building a simple reorganization system for small and micro enterprises in China is not a simple simplification of procedures, but a comprehensive and simple integration of governance structure in both entities and procedures. Clarify the scope of enterprises to which the simple reorganization system applies, improve the specific reorganization procedures, and establish a value recognition mechanism for the reorganization of small and medium-sized enterprises. Realize the simplicity of the system to the greatest extent through the convergence of the system.