Research On Partnership Enterprise Bankruptcy System

Enterprise Bankruptcy Law of the People’s Republic of China was promulgatedin2006,in the same year, the Partnership Law was also amended, Which provides forthe bankruptcy of the partnership must “refer to and apply to” Enterprise BankruptcyLaw. This makes many of the issues clearly explained, but there are still manyproblems to be addressed in theory and legislation. There are differences betweenpartnership and corporate-oriented enterprises in organization, the composition ofproperty and the scope of responsibility, therefore, The bankruptcy of the partnershipbusiness has its own specialty, for example:when we talk about bankruptcy reasons,whether the partner’s property should be considered; and a partner in the corporatebankruptcy and property, including what part,should we create a free property system;Again,whether only the partnership enterprise’s creditors have the right to submitclaims, the partnership enterprise bankruptcy for reconciliation and re-engineeringprocedures and so on. We need to research and discussion on this basis, this paperdescribes the following problems:The first chapter analyzes the problem of the partnership business bankruptcyreasons. First, the choice of the legislative model should be taken to summarize ’ orshould take cited’, under the premise of the analysis of the pros and cons of both,combined with China’s actual, select the appropriate legislative model; Secondly, thediscussion of bankruptcy reason property basis should be two issues involving theproperty of the partner.The second chapter analyzes the range and distribution of the partnershipenterprise bankruptcy property. First of all, in the mode of choice is the use of fixeddoctrine or expansionism; Secondly, as defined in the insolvency estate of thepartnership business, which including what aspects. Again, it is recommended toestablish a free property system.The third chapter from the partnership business bankruptcy filings, bankruptcyreconciliation and reorganization, bankruptcy exemption in three aspects of the partnership enterprise bankruptcy procedures were discussed.Finally a brief summary of the contents of this article, the correspondingrecommendations of the current legislation.