The Legal Consideration Of Enterprise Debts

After more than ten years of development, our country socialist market economy made significant achievements. However, once exclusive economic activities of the enterprise of debt phenomenon, in a market economy gradually developed into a certain universality of social problems, to economic order and the whole society brought serious harm. Why do enterprise debt? This theoretical viewpoint is also each are not identical, someone puts it return for morality flaw that the current social atmosphere is not straight, the whole society lacks correct value orientation and economic life people pursue profit thought continuously impact traditional moral ideas, causing one part person forgotting, debt, Also somebody puts forward this phenomenon is China's historical and current economic system as a result of system transition, Others think that this is the market economy itself, the reason of the distortion of the market, the market play itself out the basic role of the market itself, weakened the regulation effects, caused the "market failure" in that market activity itself cannot guarantee its rationality, presence of many enterprise debt phenomenon. The author thinks that, this behavior have many reasons such as economic, social, ethical, legal aspects, but in the final, it's legal regulating reasons.Enterprise of debt is essentially a discreditable behavior, while discreditable behavior in law belongs to breach. Is this behaviour to national legal norms and the normal trade order blasphemy, when this kind of behavior has certain universality, the macroscopic level on the influence of social interaction relationship is adjusting the legal rule void or has not been complied with. Why do you choose discreditable enterprise? Why do you choose illegal enterprise? Why choose enterprise debt? This paper USES the theoretical analysis and empirical analysis method of combining the current theory, at home and abroad on the basis of research combined with practical survey analysis, from the Angle of legal regulations, from the legislation and enforcement, judicial, law-abiding four levels, to the enterprise debt for this behavior is studied and analyzed. On the legislation, with debt and legislative defect relationship for mentality, from the enterprise property rights system, legal person system, enterprises exit system and discreditable punishment these four aspects in legislation imperfect to analyze the enterprise debt cause.In law enforcement, respectively from the local government and administrative departments for industry and commerce two big subject of law enforcement of law enforcement behavior analysis with the enterprise of debts, expounds the relationship between local governments in the pursuit of personal benefit maximization of rational choice, show all sorts of leading companies dares to debt of administrative law enforcement, the administrative department for industry and commerce on enterprise of debts harmfulness, inadequate understanding and enforcement of the limited resources in the enterprise registration and the annual inspection process to examine lax behavior. In judicial part, from the judicial characteristic, sentence enforcement difficulty and litigation cost high three part analyzes the judicial relief way clogged performance, and a conclusion that the judicial relief impeded triggered by judicial to debt of connivance and the lack of protection of creditor's rights debt also is enterprise one reason, At last, from the various reasons for law-abiding understanding of using cost-income theory, this article explains the enterprise law is the root cause of "economic man" rational selection, and from the game theory and the information asymmetry theory analyzed the enterprises in our country currently selected debt this illegal act causes. This paper discusses enterprise of debt of this behavior reason from the legislation and enforcement, judicial and law-abiding four aspects, in order to analyze the solution enterprise debts such discreditable behavior provides a kind of mentality, and to construct a normal economic system plays a certain role.