Problems and Solutions for Chinese Courts Using Compulsory Confirmation System on Bankruptcy Reorganization Plan

It is a core legal system in bankruptcy law that a court uses compulsory confirmation of bankruptcy plans; "supply-side structural reform" promotes the judicial progress of China's compulsory confirmation of reorganization plans. However, for this borrowed legal system, there are some problems with its judicial application:serious socialism, blind application and exorbitant applicable ratio, confusion with ordinary permission, absence of overall examination criterions and unfavorable protection of ordinary creditors, etc. In order to restore the judicial function of the court on compulsory confirmation system and ensure the appropriate application in China, it is necessary to use "UNCITRAL Legislative Guide on Insolvency Law" and related provisions in other jurisdictions for reference, combine the articles of "cautious application" in "Minutes of the National Court Work Conference on Bankruptcy Trials(2018)" issued by Chinese Supreme Court, so as to fully understand the courts' power of compulsory confirmation from legislative, theoretical and judicial aspects, properly arrange the logical relationship of compulsory confirmation and normal confirmation, completely amend the substantial examination criterions of cram-down, properly design procedural examination criterions of compulsory confirmation, etc. The solving of those problems of compulsory confirmation will contribute to the amendment of the Enterprise Bankruptcy Law.