State-owned Enterprises Went Bankrupt Bank Debt In The Process Of Preservation Research

Bankruptcy is not only a legislate means exercised on enterprise which is unable to discharge its mature debts, but also an extreme form for the restructure of enterprises. As an important mechanism for the operation of modern market economy, bankrupt mechanism plays an important role in the areas of capital recomposition, optimization of resource allocation and regulation of industrial structures, etc. Also it serves as a necessary way of social reconstruction and structure optimization, and an effective way of SOE's strategic regulation and social resource recomposition as well, which is in accordance with the objective economic benefit, namely, the rule of the survival of the fittest in natural selection. However, in recent years, lots of companies dodge creditors in name of bankruptcy, and nibble creditors' benefits away. Although banks share an equal place with other creditors concerning creditor's rights legally, banks suffer great losses resulted from the absence of effective secure of the debts. The author has worked for a national commercial bank and has been engaged in the work of securing the bank's capital. Thus the author knows very well about thework of securing banks' credits in the bankrupt process of station owned enterprises. As a matter of fact, banks can avoid or reduce their losses greatly by way of active action, early intervention, and corresponding measures when they are involved in the bankrupt process of SOEs. But unfortunately, we don't have enough studies on this field whether theoretically or practically. Therefore, it is of great theoretical and practical significance to study on the topic of how to secure the banks' creditors' rights during the bankrupt process of SOEs.The basic way of thinking and the logic structure go like that: a brief analysis of the related theories of how to secure the banks' creditors' rights during the bankrupt process of SOEs., a general introduction of the current situation that is the absence of effective way to secure the banks' rights , and it is on this basis that the author give some rationalization proposals. A lot of studies on the how to secure the banks' creditors' rights have been made currently. However, most of these studies are based on the theories instead of the actual cases, which lack of feasibility; also, these studies normally give some policy instructions, and do not make overall analysis, which couldn't discover the root cause. During the passed working experiences, the author have gathered a lot materials on the how to secure the banks' creditors' rights issue, and accordingly provides the thesis with proper information of some typical cases and related theories. Therefore, systematical analysis was made in the thesis, and also personal suggestions were put forward with the aim of being useful for the actual operation.