Research On Balance Protection System Of Shareholder’s Rights And Creditor’s Rights In State-owned Enterprise Restructuring Process

In China, under the planned economy system, state-owned enterprise system is a kind of unity between the enterprise and government. Along with the development of economic society and the change of China’s economic system reform, this model can not adapt to the development of society. So it is inevitable to reform it. Since 1978, China’s state-owned enterprise reform through several historical stages. We have achieved some results. But not achieve the intended purpose. We have to move on. Into the knowledge economy, State-owned enterprises are facing greater challenges. Only state-owned enterprises continuously improve their innovation capability, enhance their market competitiveness can they survive and develop in the fierce market competition. In order to achieve this goal, we have to continually reform system of state-owned enterprise.Any reforms are changes in the pattern of interests, so is the state-owned enterprise reform. Therefore, we must balance the interests of all parties during reform, particularly, interests between shareholders and creditors. In this paper, I will adopt historical research, sociological analysis to study. Paper divided into three parts:introduction, text and epilogue.The first part is introduction, including putting forward the problem, literature review, research methods, the main contents, research significance and deficiencies.The second part is the body of this paper, including four chapters:The first chapter is related to changes in ownership, debt and the meaning of behavior change theory. Changes in ownership and debt are common in the process of restructuring state-owned enterprises, both of them, are closely related to the mean behavior between the parties.The second is about relationship between changes in ownership and debt in the restructuring process of state-owned enterprises. There are variety of patterns of changes in ownership and debt during state-owned enterprise restructuring process. There are both difference and the interconnected between changes in ownership and debt.They are enacting on each other.The third is the status analysis of equity and claims disposal in our country state-owned enterprise restructuring process. Through the study, we figure out that equity and claims are infringing upon each others which is bad for state-owned enterprises reform.Therefore, the last part of this thesis is about the system which can balance the equity and claims in state-owned enterprises reform process.The last part is the epilogue. It is the summary and emphasize of whole this thesis.