| There are a certain non-performing asset debt problems inordinately in enterprises now, which is no exception to China’s enterprises or enterprises outside and to state-owned enterprises or non-state-owned enterprises that it is inevitable of the shunt from planned economy to market economy. However, it broke international financial risk in2008, which makes the above-mentioned non-performing asset debt problems worse. There are much too non-performing assets existing in enterprises, which make not only the mobility of enterprise’s asset low but also the asset run-off quick and which is impossible to bring expected returns for enterprises while to result in the materially drop of competitiveness of enterprise’s assets. Thus, it is undoubtedly a great problem with theory profundity and reality content about how to deal with a series of enterprise debt dilemmas and run failures and then to recover and promote competitiveness of enterprise’s assets caused by non-performing asset debt problems. For this purpose, it is not only hot in theory discussion but also like a raging fire in the practice. However, it shows a certain disorder of the recombination mode of non-performing asset debt as a key link in the debt recombination of enterprise’s non-performing asset, which has been a stumbling block of debt recombination of enterprise’s non-performing asset both in the system design and profession operation in the course of debt recombination of enterprise’s non-performing asset. It has shown a kind of coexist situation of several debt recombination of enterprise’s non-performing asset in the debt recombination market of enterprise’s non-performing asset because the drive of several interests and the influence of several factors now, which causes not only the dividing line not clear among themselves but also the application often confuse one thing with another and consequently causes the emergence in endlessly of all kinds of phenomena of being get out of line and law. It is notable that the studies upon the debt recombination mode of enterprise’s non-performing asset by Chinese scholars are only confined to demonstrative analysis of economics and accounting and fragmentary discussion of law, which is not satisfied by the need from practice application by the debt recombination mode of enterprise’s non-performing asset. And meanwhile, it is that the perfectness of law formulations on the debt recombination mode of enterprise’s non-performing asset in the main counties and regions outside of China and the relative maturity on practice operation, which is undoubtly to bring great inspiarion for the law improvement on China’s debt recombination mode of enterprise’s non-performing asset. Therefrom, it’s necessary to take an overall carding unpon China’s debt recombination mode of enterprise’s non-performing asset and to take a systematic law compaparion study on it in order to be helpful for its improvement and perfection.For the sake of the above-mentioned aims, it shall take "three-step"analyse unpon debt recombination mode of enterprise’s non-performing asset, that is,The first step is to take a scientific conclusion. It is that the scientific defeniton on the meaning of debt recombination mode of enterprise’s non-performing asset on law firstly on baisi of comparative analysis upon the concept of debt recombination mode of enterprise’s non-performing asset in China and outsides and connected with provisions of debt recombination mode of enterprise’s non-performing asset on economics and accounting; then, it takes scientific conclusion way to classify them into the free-consult debt recombination mode of enterprise’s non-performing asset, the bankrupt-law debt recombination mode of enterprise’s non-performing asset and the policy debt recombination mode of enterprise’s non-performing asset after systematic carding over modes and methods in China’s current debt recombination of enterprise’s non-performing asset, and then it takes scientific positioning over their relations, that is, it is that shall take the free-consult debt recombination mode of enterprise’s non-performing asset as the leading, the policy debt recombination mode of enterprise’s non-performing asset as the supplement and the bankrupt-law debt recombination mode of enterprise’s non-performing asset as the important mode together with the free-consult debt recombination mode of enterprise’s non-performing asset. Also, the above-mentioned three modes are not isolate or mutually conteadictory, but interrelative and mutually complementive, and it is that they can apply at the same time, obliqutously and assemblily esp. in the specific condition in order to establish a strong basis for our research.The second step is to take comparative study. It takes an objective evaluation upon the law regulation or policy guide between China and outsides in order to provid a certain inspiration for future improvements and perfection of China’s debt recombination modes of enterprise’s non-performing asset after the comparative study over law regulations or policy guides of three modes between China and outsife respectively.The third step is to take reference and inspiration. It puts forward specific suggestions upon improvements and perfection of China’s debt recombination modes of enterprise’s non-performing asset connected with relevant law regulations and policy guides of outside main states and regions after on the bais of seeking out existing questions about three modes.It discovers, in this paper through above study, that the above-mentioned debt recombination modes will exist in long term, which will be blend and permeate more frequently and intimately among them. Especially, in the huge structure of market economy, it will deepen and assembly more within the permission of law of the free-consult debt recombination of enterprise’s non-performing asset, even show new operation method and new method combination drove by financial innovation. It will show malpractices of the bankrupt-law debt recombination of enterprise’s non-performing asset frequently influenced by post financial risk and the reconciliation system and the reforming system will encounter procedure bottleneck. It needs further define of the policy debt recombination of enterprise’s non-performing asset and further specification of policy debt-to-equity while facing with the actual situation of state-owned enterprise taking position in market.On that account, it is that, on baisi of systematic inspection and overall comparation different law stipulations of debt recombination mode of enterprise’s non-performing asset in China and outsides and connected with cureent existing problems of debt recombination mode of enterprise’s non-performing asset in China, the corresponding consideration from multi-angles and multi-layers, that is, it shall further persist in the meaning autonomy principle among commercial affairs subjects and further give play to their initiative, enthusiasm and innovation to settle down enterprise’s non-performing asset debt in legal permission concerning the problems of free-consult debt recombination mode of enterprise’s non-performing asset. The legislative body shall, on baisi of taking example by the corresponding stipulations of main contires and regions oustsides, amend and complete current laws and regulations upon the lags, gaps and conflicts of concrete operation methods. It shall amend and innovate by legislative body upon the procedure operation trifles and powerful constraints of reconciliation and the omission of supervision measure, defect of key mechanism and lack of transition mechanism of reforming concerning the bankrupt-law debt recombination mode of enterprise’s non-performing asset on baisi of taking example by the corresponding stipulations of main contires and regions oustsides. It need further define concrete operation methods of the policy debt recombination mode of enterprise’s non-performing asset and give play to the function and role of policy debt-to-equity system and make it standard enough to connect with commercial debt-to-equity system concerning the policy debt recombination mode of enterprise’s non-performing asset on baisi of taking example by the successful practice of U. S. commercial debt-to equity. |
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