Institutional Analysis Of Protection For The Creditor Benefit

The state-run bank is enterprise's important financing channel, the creditor is important persons who are correlated with interests of enterprises, our country's " company law " expresses regulations and protects the legitimate rights and interests of the shareholder and creditor, its interests often be encroached on because of " outside people " of the creditor. As the main creditor of enterprises ,The bank offers the capital source and undertaks the enormous risk, but for various reasons, the interests of the bank can't not merely be well protected during transition period, a large number of bad accounts take shape ,it can't improve the administration structure of enterprises effectively either, worsen the capital market environment, aggravate financial risks. So, protect creditor's interests and give a new lease of life to the good capital credit relationship, it is a great subject that decision department and academia deserve research and concern.,but also for practice circle.This text is based on new institution economics theory, using the standardal method to analyse, from system environment and system arrangement two respects analyse reason of creditor interests protects failture, and propose the changes effective measure of the system to creditor's interests.First, the thesis carried on the explanation of insitutional theory to the creditor benefit protection, construct the Rationale foundation ; Secondly , we have investigated the financing mode , enterprise's administration structure and bankrupt mechanism of our country, pointing out the leading financing mode of the finance causes enterprises not to be restrained by creditor's rights under the traditional economic system, the leading financing mode essence of bank of transition economy period is still shown as the characteristic that the country controls, enterprises depend on the bank unduly, the administration structure of enterprises can't restrict a manager effectively , nobody starts bankrupt process because of administrative interference. Thirdly we research the reason why creditor's interests can not be protected further from the system environment again, thinking the reason of creditor's interests can not be protected lies in the property rights of the bank and enterprise are publicly-owned , causing the tragedy commonly, and the disappearance of traditional culture, the forming of utility culture has caused the overflowing of enterprise's opportunism ,government's administrative uncertainty makes enterprises seek the rents, these institution environments make creditor's rights abused excessivly, creditor's interests of the bank can not be protected., Finally, we proposedthe institution changes measures , we resume traditional culture to make harmonious and sincere consciousness popularize , we advocate carrying on the clearly established ownership on the property right to reduce the outside , encourage individuals to pay attention to the cultivation of one's own reputation, maintain that adopts the persons who are correlated with the interests and let the bank creditor enter the company manage , as for bankruptcy law , is it construct bankruptcy law again to advocate protecting creditor's rights as the goal, giving up the original goal to maintain the social stability, Reform from two respects of macroscopic and microcosmic,we can reach the goal of protecting creditor's interests better.