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On The No Rights In Insolvency Proceedings

Posted on:2007-05-31Degree:MasterType:Thesis
Country:ChinaCandidate:X ZuoFull Text:PDF
GTID:2206360185971952Subject:Law
Abstract/Summary:PDF Full Text Request
Bankruptcy, as an economic phenomenon, as the inevitable outcome of market competition under comodity economic condition. While as a legal system, it is a special means to regulate the social phenomenon. Since out corporate bankruptcy law was promulgated in 1986, because of our society's shortage of the knowledge about bankruptcy system, many enterprises have seldom submitted bankruptcy application even if they matched the condition and even many couts almost have never accepted bankruptcy cases. With the deepening and development of China's economic reform, entrprese bankruptcy has been accepted gradually. In1993, the Third Plennary Session of the 14 th Communist Party of China adopted "Resolution of some issues on the establishment of the socialist market economy system". It definitely put forward that the ultimate goal of restruring state-owned enterprises in China is to change them into modern businesses that match the socialist market economy, which clearly difined ownership, rights and resposibilities, separation of government and businiss, and scientific management. Aferwards, standing committee of the National People's Congress passed "Company law of the People's Republic of China", which marked that corporationization reform of state-owned enterprises entered into the legal stage. As the 15 th National Congress of the Communist Party of China held in 1997. state-owned enterprises' refom and reconstrucion entered a new stage. But in the process, as most enterprises' assets was used for mortgage, enterprise reform couldnot be implemented in normal proceedings. As a result, most enterprises have to restructure by bankruptcy in succession. At that time, our state also enacted some relevant policies to support. In 1994 and 1997 the State Council respectively issued "Notice on Trying out Bankruptcy of State-owned Enterprises in Several Cities" and "Supplementary Notice on Trying out Bankruptcy and Merger of State-owned Enterprises in Several Cities and Reemployment of Works in Several Cities". The circulars specially request that when the enterprise go bankrupt, the right to the use of land derived according to law should...
Keywords/Search Tags:absondeningsrecht, bankruptcy procedure, positioning model
PDF Full Text Request
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