The Studying To The Legal Problems Of The Debt-to-Equity Swap

As a feasibily method to solve the bad debt of enterprises and bad crediters rights of banks, "Debt-to-Equity swap" is used by all the countries of the world, but the facters and ways to realize the "debt- to-Equity" are different, In China, it's a special policy to be on guard the financial risk and to make the state-owned enterprises effective in the special history condition of our country. This paper takes the course of "Debt-to-Equity swap" as a clue , studying the legal problems of each stages and analyzing some important aspects.From the fixing of "the company of managing the financial assets" and relevantly enterprises to the fund, assureing, ownership of the land, workers; then to the creditors rights ; last to quiting the rights, This paper analys the conflicts between the "Debt-to-Equity swap" and the laws, even some imperfect and unreasonable about the laws.Taking the "debt-to-Equity swap" as a law phenomenon , we get the positive conclusian: the depreciatian to the laws> the formalism which can't solve the problems and conniving the continual bad debts of the state's banks and-enterprises. We hope the studying can have some promoting effects in reality work.