Optimization of the Path of Judicial Intervention in China's Pre-reorganization Procedure
In China's pre-reorganization practice,there is an obvious tendency to strengthen judicial involvement in the pre-reorganization procedure,such as the pre-reorganization as an in-court procedure,directly intervenes in the pre-trial consultation and negotiation,directly initiating the procedure ex officio,and expands the bankruptcy authority in the in-court reorganization stage to the pre-trial.This weakens the autonomy of the parties,increases the system's cost,and reduces the enthusiasm of the parties to apply for pre-reorganization.It is necessary to clarify the limits of judicial intervention,the value orientation and the role of the courts,and construct a path for appropriate judicial intervention.Taking the hybrid attributes of pre-reorganization as a logical starting point,the characteristics of the pre-trial and in-court stages are distinguished.In the pre-trial reorganization stage,autonomy of will plays the leading role,and the effect of indirect judicial intervention is realized through post-secondary means such as case filing and registration,guidance rules,etc.In the in-court reorganization stage,the judicial review rules of the draft pre-reorganization plan are improved according to the three dimensions of the approval of the draft pre-reorganization plan,so as to achieve the effect of appropriate judicial intervention.
pre-reorganizationjudicial interventionautonomy of willmixed attributesmoderate intervention