The Research For The Disposal Of Usufruct Of Allotted Land In The Stated-owned Enterprise Bankruptcy Proceeding

Compare with the common enterprise, the stated-owned enterprise have longer history, and contribute its best to the socialist economic construction and have higher strategic position. The specificity of stated-owned enterprise is also reflected in the bankruptcy proceedings. Because of its long history and complex relationships, the stated-owned enterprise's bankruptcy procedure is hard to carry out than the common one. In the stated-owned enterprise's bankruptcy case, the focal and difficult point is how to dispose the usufruct of allotted land. We all know that the usufruct of allotted land has great economic value, which will has significant impact on the whole bankruptcy proceedings. This paper will discuss the usufruct of allotted land problem in stated-owned enterprise bankruptcy procedure from the following aspects.Frist of all, this paper discuss the conception,character, origin and situation of the usufruct of allotted land. Usufruct of allotted land is a kind of usufructuary, which is allotted by the government,let the user be free and have no time limit. Because of the history reason, the stated-owned enterprise have lots of usufruct of allotted land, and this situation bring bad impact to the paid transfer land system of our country.At the second, whether the stated-owned enterprise paid for the usufruct of allotted land when they got it or not become the key point to identify whether the usufruct of allotted land contains the economic profit which belong to bankruptcy enterprise. When the usufruct of allotted land enter the market and sell into the money, the highlight of this chapter is how to distinguish the state property and the enterprise property.At the third, if the usufruct of allotted land is mortgaged, its character of free obtaining and free using could be change. In bankruptcy proceedings, the usufruct of allotted land and buildings become mortgaged property, the mortgagee have the priority to achieve their claims. When the government violate this right, the mortgagee could lunch an administrative lawsuit against the local government.At the forth, in the bankruptcy proceeding of the stated-owned enterprise, we should comply with the correspondingly disposal principle, select a reasonable disposal model, to take into account the interests of the country, creditors, and bankruptcy corporates. Only in this way, we can dispose the usufruct of allotted land in the reasonable and lawful conditions, let it made the greatest contribution to the sated-owned enterprise's bankruptcy.