CHINA'S PRE-PACKAGED REORGANIZATION SYSTEM'S JURISPRUDENTIAL CONSTRUCTION AND INSTITUTIONAL FUNCTION: A BALANCING PATH BETWEEN OUT-OF-COURT AUTONOMY AND JUDICIAL INTERVENTION

In response to the efficiency deficiency of traditional judicial-based reorganization, China's judicial practice has innovatively developed a pre-packaged reorganization system. This essay contends that the juridical kernel of this system is finding a fine balance between the doctrine of private autonomy, which gives stakeholders the power to agree on commercial solutions, and judicial intervention, which is necessary to ensure fairness and legal finality. By transforming the function of the court from being a controlling judge to a procedural monitor, the pre-packaged reorganization tool really promotes the maximizing of corporate rescue effectiveness, preserves enterprise value, and is an excellent theoretical accomplishment in China's new bankruptcy regime.

Publication Details

Journal
Zenodo (CERN European Organization for Nuclear Research)
Published
2025-10-11
DOI
https://doi.org/10.5281/zenodo.17317678
Primary Topic
Cancer-related molecular mechanisms research
Type
article
Field-Weighted Citation Impact
0.00
Controls
|||
ALL TIME
JAN
FEB
MAR
APR
MAY
JUN
JUL
AUG
SEP
OCT
article

CHINA'S PRE-PACKAGED REORGANIZATION SYSTEM'S JURISPRUDENTIAL CONSTRUCTION AND INSTITUTIONAL FUNCTION: A BALANCING PATH BETWEEN OUT-OF-COURT AUTONOMY AND JUDICIAL INTERVENTION

Zenodo (CERN European Organization for Nuclear Research)
Cancer-related molecular mechanisms research
article

CHINA'S PRE-PACKAGED REORGANIZATION SYSTEM'S JURISPRUDENTIAL CONSTRUCTION AND INSTITUTIONAL FUNCTION: A BALANCING PATH BETWEEN OUT-OF-COURT AUTONOMY AND JUDICIAL INTERVENTION

article en

Abstract

In response to the efficiency deficiency of traditional judicial-based reorganization, China's judicial practice has innovatively developed a pre-packaged reorganization system. This essay contends that the juridical kernel of this system is finding a fine balance between the doctrine of private autonomy, which gives stakeholders the power to agree on commercial solutions, and judicial intervention, which is necessary to ensure fairness and legal finality. By transforming the function of the court from being a controlling judge to a procedural monitor, the pre-packaged reorganization tool really promotes the maximizing of corporate rescue effectiveness, preserves enterprise value, and is an excellent theoretical accomplishment in China's new bankruptcy regime.

Zenodo (CERN European Organization for Nuclear Research)
Peace, Justice and strong institutions
Openalex Percentile: Top 40%
Cancer-related molecular mechanisms research
AI Navigator

Ask Laika to Summarize, Analyze, and Connect papers live on the map.

Summarize Papers & Methodologies

Extract key findings, datasets, and comparative methods across publications.

Benchmark Rankings & Visual Analytics

Rank top research institutions, authors, funders, topics, and journals by Field-Weighted Citation Impact (FWCI) and paper volume with instant charts.

Connect Distant Disciplines

Bridge topological clusters on the map to find hidden collaborative intersections.