Reorganization value is the logical starting point for a corporation to undergo bankruptcy reorganization. Establishing a judicial review system for corporate reorganization value is vital for protecting creditors’ interests and promoting the rational allocation of social resources. Empirical analysis reveals significant challenges in China concerning the judicial review of reorganization value. Courts need to reach a consensus on the necessity of reviewing reorganization value and address issues such as inconsistent adjudication standards, misapplication of the law, inadequate reasoning and insufficient grounds for judgment. To address these issues, China must explicitly mandate judicial review of corporate reorganization value in future amendments to the bankruptcy law. Furthermore, the introduction of an inquiry mechanism and a third-party investigation mechanism, along with differentiated burdens of proof for various applicants, is crucial for establishing a scientific and rational framework for assessing corporate reorganization value.
Yi Chen (Wed,) studied this question.