The Research On The Bankruptcy Standard Of The Securities

Although<Law of the People’s Republic of China onEnterprise Bankruptcy>(call <Law of Bankruptcy> as follows)that was promulgated in2007brought the financial institutioninto the broke master range for the first time,there are stillso much rules were too simple to practice, the financialinstitution which have to bankrupt need to grope for precession.Subjected to domestic economies and local industrial structurefor the last few years and international finance environmentaleffect, a few large securities companies bankrupt one afteranother, the blank of the law caused by the system imperfectionas well present day by day. Consequently at the foundation forpracticing we have to set up the financial institution bankruptsystem that is suitable for our country state.This subject tally up the bankrupt process from thesecurities companies, combines the specials of the securitiescompany in the foundation of the dissimilarities from generalcompanies in the bankruptcy proceedings, and well considers foreign legalization and fulfillment experience, takes thesecurities company traffic structure, source of funds andindebtedness structure as to correspond a dot, in order tosubmission some feasibility suggestions about the bankruptstandard for the future legislation. Currently in our countrysecurities company bankrupt standard is "take incapabilityfulfilment as the predominance, assist with the assetdeficiency to liquidate complete obligations or obviouslyscarcity liquidates capability”, but it was too abstract tooperate, the probability to be applied was lower, so theefficiency of the law appliance is also bad. Therefore forraising maneuverability of the law statue, we have to make thestandard more concrete.The first fraction elaborates the basic theory of thebankrupt standard including the definition and the types.Moreover I think the principle of bankrupt standard have to becreate on the bankrupt preventive principle; Secondly analyzethe special of securities company; Finally combines generaltheory and the specials of the security company to analyze thecurrent securities company bankrupt standard, mainly on the bugs.The second fraction analyses the concrete standards,mainly including assets indebtedness standard and cash flowstandard, combing the special of securities company aiming attheir importance, function risk and bug to carry on bankruptstandard analysis from micro view objectively. Accept theabove-mentioned question to suggest to usher in the chargestandard, this is also an embody of the innovation about thebankrupt standard principle, analyses the evolve, necessityand establishment about the charge standard. The fractionfinally still combined the state of the nation of our countryto set some fringe standards, mainly are procedure standards,including the grant of the charge committee, the completes theof the assets treats and the ratification of Supreme People’sCourt.The third fraction mainly on the antinomies in bankruptstandard of the securities company, including the foreign andmainland, the avail of the administrative power and judicature,the investor and securities company. I hope the bankruptstandard select through a series of game can get a superior result. At last I hopes to create a integrative early-warningmachining about the finance hazard, but owing to the shortnessof accounting’s knowledge, need to take into the concretestandard execution in the future to perfect.