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一、重整计划的提出主体问题:所谓“占有中的债务人” 重整计划提出的主体问题,对重整计划的质量和顺利通过,具有至关重要的意义。从各国立法规定的情况看,提出重整计划的主体一般不局限为单一主体,而通常有多个主体可以提出。但是,虽然多个主体有权提出重整方案,然而他们的先后顺序是不尽一致的。这样就形成了重整方案提出主体的多种结构形式。根据各国的规定,重整计划的提出者主要有这样几种结构形式: (一)以债务人提出重整计划为主,以其他人
First, the reform plan put forward the main issues: The so-called “the debtor in possession ” the main issues raised by the reorganization plan, the quality of the reorganization plan and the smooth adoption, is of crucial significance. From the perspective of the legislation of various countries, the main body of the proposed reorganization plan is generally not limited to a single subject, but usually there are several subjects that can be proposed. However, although multiple parties have the right to propose reorganization proposals, their priorities are not the same. In this way, a variety of structural forms of the main body of the reorganization plan are formed. According to the regulations of various countries, the main proponents of the reorganization plan are as follows: (1) The debtor is mainly responsible for the reorganization plan and the others