Research On The Bankruptcy Of Affiliated Enterprises

In the context of social and economic development,the pursuit of capital's interest in the expansion of the scale of the wave of business scale,the formation of this trend,while maximizing the benefits,but also inevitably bring about conflicts of interest.In the original single company's carrier,a company is a whole,the independent individual to pursue only the intrinsic business interests of the maximization,and in the individual under the various roles-the size of the company shareholders,the board of directors and creditors-The pursuit of such interests is consistent.But in the affiliated enterprises,the pursuit of the overall interests of affiliated enterprises,which is most likely in the pursuit of the overall interests of the same time under the interests of one of the subsidiaries,and for the subsidiary of the creditors,unfair.With the doubts about the related enterprises,this paper to solve the problem to solve the problem path,and gradually analyze the generation of related enterprises and bring a variety of problems and propose solutions.This paper is divided into four parts to elaborate on the problem:The first part elaborates the conflict of interest caused by the bankruptcy of the affiliated enterprise.This part of the author to cascade start thinking path,first of all explain the inevitability of the associated enterprises,according to the country or region on the concept of affiliated enterprises to define their initial understanding of their respective attitudes;followed by the core of this issue,that is,Related relations caused by a series of issues,including the impact of the traditional legal concepts,the interests of creditors of related enterprises and other damage.The second part is the status quo of the protection of creditors in affiliated enterprises in China.This paper analyzes the current situation of China's affiliated enterprises and the relevant laws and regulations on related enterprises in China.Secondly,from the perspective of time linear development,this paper analyzes the reference and development of the principle of corporate personality denial,thepositive principle of substantive merger in China's theory and practice Promote and propose legislative proposals on the bankruptcy of related enterprises based on China.The third part is the relevant system of the protection of the creditors of the affiliated enterprises in each country and region.This part analyzes the regulatory methods and legal attitudes of creditors' protection of affiliated enterprises in various countries and regions.Different countries and regions according to their own socio-economic legal background,put forward their own regulatory approach.The fourth part analyzes the system perfection of the creditor's rights and interests protection when the affiliated enterprises are bankrupt.This part mainly based on our national conditions and legislative background,analysis of China's affiliated enterprises in the bankruptcy of what kind of legislative model to protect the interests of creditors.