The Research On Law Concerning Protection For Creditor's Interest In Enterprise's Reorganization

With the steady development of China's market economy, state-owned economic situation has gradually broken. To meet to the market economy competition, the reorganization of the current enterprise's system has become a modern enterprise revival way.In modem China, the enterprise's owner capital on the enterprise's reorganization to invade the creditors' interest to go after their profit as much as possible, this has stopped the enterprise's smooth reform. At the same time, it has contributed badly to the social economic stability, led to state-owned assets' loss, and has at last done harm to building up the modern enterprise's institution.In the process, how to protect the interests of the creditors of the state-owned enterprises is becoming a big problem which presents in front of our government. This article states and analyzes this problem from three aspects.The first part introduces the forms and the legal characteristics of the action of violating of creditors which have an important impact on the next analysis of the thesis.The second part analyzes the cause and the harmfulness of evading of debts. It is obvious that evading of enterprises debts behavior causes more problems. The third part, aimed at the cause , forms , legal characteristics and harmfulness, author comes up with a few of suggestions to protect the creditors' interest in the process of the enterprise's reorganization, including : the application of the denial of company law personality system, the establishment of credit law system ,creditor's participation in enterprise restructure, supervision and law enforcement supervision.