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重整制度在预防企业倒闭解散、实现债权人和股东的双赢、维护社会安定和正常的交易秩序等方面有积极作用,在复杂性和风险性上存在不足。我国正在修订的《破产法草案》对重整制度进行了规定,但在重整的适用范围、债权人的保护和中小股东的权益维护方面有待完善。
The reorganization system has played a positive role in preventing the dissolution of business failures, achieving a win-win situation for creditors and shareholders, maintaining social stability and a normal trading order, and is deficient in complexity and risk. The “Bankruptcy Law” draft, which is being revised in our country, provides for the reforming system. However, there is room for improvement in terms of the scope of the reform, the protection of creditors and the rights and interests of minority shareholders.