Some Legal Issues In Relation To The Insolvency Of Partnership Enterprises

On the basis of actuality of Chinese socialist market economy, throughdiscussing the advanced idea of law of insolvency and theory ofpartnership enterprises, this dissertation minutely studies some legalissue about insolvency system on partnership enterprises in China, andputs forward some preliminary notion on such insolvency system.The dissertation, approximately thirty-one thousand words in total, isseparated into five chapters as follows:Chapter one put emphases on the necessity and feasibility of insolvencysystem on partnership enterprises in theory, firstly, discusses thedisputes in the sphere of application of actual Law of Insolvency andseveral times amendment of draft of Law of insolvency, through analyzingthe new value orientation of the Law of Insolvency in modern time, in termsof some aspects such as maintenance of orders of socialist market economy,perfection of legal system of socialist market economy, implementationof principle-"justice" of market economy, and promotion of developmentof socialist market economy, reaches the conclusion that it is necessaryto establish the insolvency system on partnership enterprises, and then elaborates that our country can ensure the feasibility of insolvency ofpartnership enterprises and there will not be confusion of legal systemand much difficultiesin execution, by means of establishing a series oflaw and regulations such as reporting system of personal property.Chapter Two analyses two insolvent aspects: cause of insolvency andcapability of insolvency. The cause of insolvency, in the view of the waythat partners take responsibilities and new tendency of Law of Insolvency,is that the partnership enterprises and its partners are not able torepaythe due debt. Meantime, through analyzing the new tendency of insolvencylegislation, combining the capability of insolvency of legal entity andnatural person, justice principle of market economy and relativeindependentability of partnership enterprises, this dissertation reachesa conclusion that partnership enterprises and partners shall havecapability of insolvency.Chapter Three analyses the relations between insolvency of partnershipenterprises and partners, and discusses the insolvency of both andaffection to each other, and how to repay the creditors of partnershipenterprises and the partners respectively.Chapter four mainly discusses the two noumenal issues in insolvency ofpartnership enterprises, namely the insolvency properties and insolvencycredits, it points out the range of insolvency properties shall consistof properties of partnership enterprises plus partners. Meantime, throughanalyzing and comparing the defining methods of insolvency credits ofdifferent countries, it defines insolvency credits of partnershipenterprises of our country. Chapter Five discusses liability exemption issues which consist of themode of liability exemption, qualification of liability exemption andoutcome of liability exemption.