Research Partnership Enterprise Bankruptcy Law

The partnership enterprise has extensive applicability in the social economy ,it plays an important role in all areas of life.As a kind of market entity,when it is in insolvency, the statute should provide the relevant exit mechanism. Partnership Enterprise Act of PRC Article 92 provides that the partnership cannot be liquidated due to debt,bankruptcy proceedings can be applied to clean up its obligation. Well, does this mean that China has admitted partnership b1ankruptcy ability? With these questions, combined with China specific circunstanced, the author uses analysis,historical research method, comparison method,to disscus the bankruptcy of partnership and propose some opinions and suggestions.This paper is divided into three parts, about more than 30,000 words. Main contents are as follows:The first chapter is mainly discussing about the partnership enterprise bankruptcy capability and establishing a partnership enterprise bankruptcy necessity. This article first discusses the concept of bankruptcy capability ,and analyses the applicable scope of the law . Then the author discusses about the partnership enterprises of subject qualification, partners bankruptcy capability and the necessity of establishing a partnership enterprise bankruptcy system in order to complete the discussion of the partnership enterprise bankruptcy.The second chapter basically discusses the relationship of partnership enterprise bankruptcy and partner bankruptcy . This paper first discusses the bankrupt reasons, it is concluded that the bankruptcy causes is just related to the insolvency of partnership, not including partners solvency . Based on this conclusion, the author discusses the influence of bankruptcy between the partnership and the partner .Then,this paper talks about Jingle Rule.The third chapter is important,for the author trys to contribute the system of the partnership bankruptcy. This article first points out insufficiency and defects of the existing laws on partnership bankruptcy . Then, it discusses the bankruptcy application, bankruptcy causes, the bankruptcy property, partners insolvency liability exemption, etc., and puts forward some suggestions.