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预重整制度可以对我国上市公司拯救及改善资本市场质量产生积极的效应。由于立法没有对这种制度的适用创设适宜的空间,加上法院对立法的严格贯彻,导致当前的上市公司预重整实践并没有带来预期的制度效果,有必要通过司法解释为上市公司预重整实践拓展适宜的法律空间。
The pre-reorganization system can have a positive effect on the rescue and improvement of the quality of the capital market of the listed companies in our country. Due to the lack of suitable space for the application of this system by legislation and the strict implementation of the law by the court, the current practice of pre-reforming listed companies does not bring about the expected institutional effects and it is necessary to pre-market the listed companies through judicial interpretation Reforming Practice to Develop Suitable Legal Spaces.