Research On The Bankruptcy Fraud Of Affiliated Enterprise

With the development of social productive force and the ascension of the chain of industrial structure, especially having established socialist market economic system in china, affiliated enterprise in a rash in our market economic life, and gradually dominated the main boby status. Because affiliated enterprise exists relationship, members of the enterprise makes very convenient to transfer assets and deliver interests to each other, created more conditions for enterprise to reduce their own management risk, speed up the capital operation, expand the scale, enhances the market competition ability and so on. But on the other hand, the existence of the relationship, especially special control relations and great influence belong to the affiliated enterprise, make affiliated enterprise have more convenient conditions to have bankruptcy activities of illegal especially bankruptcy fraud, then damage the legal rights of the creditors or small and medium shareholders of an enterprise even Social public interests, impact on the trade security and stability of the social and economic order seriously, bring a great extent on the challenge to our current laws which designed that based on a single enterprise. For example, the system of corporate personality’s independence, the system of Limited liability, the principle of Bankruptcy procedure’s fair pay off and so on.Our current bankruptcy legal system did not pay enough attention to these special problems that bankruptcy of the affiliated enterprise faced, having inability to resolve the endless imagination of bankruptcy fraud in practice, so we need to perfect the law system of bankruptcy fraud of affiliated enterprise urgently, in order to promote the construction of legal system, maintain the stable of social.The author based on adopting the research method of analyse and compare, practice combining with theory, borrow international ecperience of legisiation and emphasize basic state conditions. firstly, summarized the general theory of bankruptcy fraud of affiliated enterprise. secondly, Discussed the constitution and forms of bankruptcy fraud of affiliated enterprise. then analysed the negative effects of affiliated enterprise’s bankruptcy fraud according to our country’s actual situation. Finally on the basis of study, propound some legal countermeasures that deal with the bankruptcy fraud of affiliated enterprise in practice from two aspects of pre-prevention and afterwards regulation, Among them, the countermeasures of pre-prevention includes perfecting the system of disregard corporate’s personality, imposing the obligation of good faith to control enterprise, the rules of preservating the bankrupty’s property. the countermeasures of afterwards regulation includes introducing the principle of substantive consolidation and equitable subordination, Perfecting the system of bankruptcy revoked, and strictly limited the use of repealing rights and removing rights in bankruptcy.