The Legal Issues Of The Affiliated Enterprise

In a market economy era of rapid development, economic competition also enter a state of white cosmetic, and as an important market main body, enterprises face enormous pressure of competition, in order to occupy the dominant position in the limited market share, a single enterprise is difficult to in the fierce competition in the process of independent development of preset interests for himself, then will appear together in many related enterprises and carried out in different profit target. And this kind of new form of business organization is the articles subject to be discussed by the authors, associated enterprises. Throughout the history of the world economy, associated enterprises has been the mainstream of life in today’s social and economic phenomenon, especially the western developed countries.Since the 80 s in China, established the public ownership as the theme of a variety of ownership economy common development of the socialist basic economic system, at the same time, large and medium-sized also gradual deepening reform of state-owned enterprises, such as: enterprise merger and acquisition(m&a), joint enterprise, introduction of foreign investment and the formation of the public, are all marked the associated enterprises in the different posture take root in the land of socialist market economy in our country, more get rapid development, and showed a thriving vitality, in our country is in the national economy occupies a pivotal position. Associated enterprises as an important form of joint, although economically contributed a lot of power, has its many advantages at the same time, also in the process of development, has highlighted the many defects and deficiencies, such as affiliated enterprise is a lot of practical problems in the process of bankruptcy and controversial, among them, the extremely prominent contradiction point is that the regulation affiliated enterprise bankruptcy law. When facing bankruptcy situation, affiliated enterprise produces many different from a single enterprise bankruptcy law issues, in the face of the complexity of its bankruptcy, the domestic and foreign related monographs and legal regulation are presented the flowers, the situation of schools of thought contend. Especially among them is our country at present still did not have a complete system of laws to properly regulate affiliated enterprise bankruptcy. In view of this, this paper discussed for its related problems and puts forward the author’s humble opinion, in hopes to improve relevant laws in China. In order to our country the development of the socialist market economy under the associated enterprises to participate in a more rapid development.In view of the associated enterprises in bankruptcy in the process of all kinds of legal issues, the article employs five chapter main content.The first chapter mainly introduces the basic theory of affiliated enterprise bankruptcy. This chapter focuses on the basis of the affiliated enterprise content, mainly including its background, legal concept; Affiliated enterprise legal characteristics, the value of its existence. And basis of the affiliated enterprise bankruptcy with the part, that is, what is affiliated enterprise bankruptcy; What are the main reason the bankruptcy; The type of its bankruptcy. For later on controversial problems of affiliated enterprise bankruptcy.The second chapter mainly introduces the negative impact of the affiliated enterprise bankruptcy and illegal behavior. This chapter mainly analysis in the process of affiliated enterprise bankruptcy, control or related enterprise independence is: to be one of the independent legal personality of the infringement, the impact on the independent legal person property rights; And the bankruptcy of the different interests of the creditor damage; At the same time, will do to its bankruptcy illegal forms related in this paper.The third chapter mainly introduces the relevant countries to affiliated enterprise bankruptcy law regulation, incorporating of material principle, equitable subordination principle and control company comparative analysis the content of fiduciary duty.The fourth chapter introduces the related legal regulation of affiliated enterprise bankruptcy in China and the existing problems, mainly combining with the current \ "company law\" the enterprise bankruptcy law and relevant legal provisions of affiliated enterprise bankruptcy rules and regulations a loophole in the problem itself. The fifth chapter mainly elaborates Suggestions for the perfection of our country related legal regulations, include the legal regulating of the reference to other related countries and the localization of regulation on the basis of innovation, gradually build up independent affiliated enterprise bankruptcy legal system with Chinese characteristics.