Study Of State-owned Enterprises The Disposal Of Nonperforming Loans And Related Legal Issues

In recent years, with the deepening reform of state-owned enterprises over these years, accumulated non-performing assets have begun to attract people's attention, and bad debts accounted for over 40% of non-performing assets of state-owned enterprises, bad debts had a very negative impact for the state-owned assets value-added.This issue, from the beginning, is to analyze the concept of bad debts and the disposal of bad debts, and with the models, methods of the dispose of non-performing loans of foreigner and give us inspiration, as well as the China's macro-legal environment of the disposal of bad debts, focusing on analysis of disposal methods and their related legal issues of write-offs, debt restructuring, debt claim, debt sale, subcontracting, mandate, asset securitization and so on. Finally, based on the full analysis of the legal environment of the disposal of bad debts and the main methods of the disposal of bad debts, summarized that the dispose of non-performing assets in need of special legislation in our country, and put forward its own legislative proposals of the choice of the models of disposition of non-performing assets, the special rights should be given to the professional disposal institution and transfer of bad debts should be made clear of its working procedures and so on, then from the improvement of other related legal system of disposal of bad debts and the aim of create a favorable market environment for the disposal of bad debts, to point out that the Government should vigorously develop the market of non-performing assets and intermediaries, thereby enhancing the effectiveness of disposal of the bad debts and ultimately achieve the perfect state-owned enterprise management mechanism, so that the state-owned enterprise in an invincible position in the competition, then can achieve value maintenance and appreciation of state-owned assets.