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A Study On The Legal Problems Of Crisis Enterprise Rescue

Posted on:2018-06-14Degree:MasterType:Thesis
Country:ChinaCandidate:W ZhouFull Text:PDF
GTID:2346330518950569Subject:Commercial Laws
Abstract/Summary:PDF Full Text Request
Enterprises be in crisis,because the internalor external cause or the common effect.The existence of the crisis not only makes enterprises faceself-devaluation,damage of the relevantinterests,but alsomore likely to make the danger expand the whole society,bring a negative impact to society.A lot of crisis enterprises in the transition period of China's market economy bring the snooker to the rescue of crisis enterprise and avoidance of crisis.It is not only the needs of the theory,alsois the needs of social reality.The complexity of the cause of crisis,the particularity of the internal governance and the seriousness of the harm determine the effective rescue of crisis enterprises have to rely on the enterprise itself and external multiple forces,that is,giving the board of directors the company's decision-making power in basic business changes,to recognize the bankruptcy protection procedures of the board of directors,continuing to expand the power of board of directors,to promote the board of directors to rescue the business,making warning system to strengthen the prevention of crisis,and constantly improve the internal governance for crisis enterprises' self-rescue.At the same time,we need constantly to improve our country's reorganization system and rationally learn from the systemoutside,to promote the rescue systemof internal and external good interaction and coordination.In addition,China's "Company Law" and "Bankruptcy Law" should also respond to the rescue system of crisis enterprisespositively,and constantly improve themselves by modifying the relevant rules or resorting to justice,to create a good laws environment for the rescue of crisis enterprises,to promote enterprises change from "dangerous" into "security",to maximize the value of enterprises,social utility,to achieve the unity of their own value and social value.This paper mainly discusses the necessity of rescuing the crisis enterprises under the premise of clarifying the current situation of China's crisis enterprises,and then puts forward the main ways to save the crisis enterprises.Supplemented by the revision and perfection of the law,get rid of the crisis and realize the revival.The first part,the status quo of China's crisis enterprises.This section aims to clarify the general problems of crisis enterprises,including the causes,types and social hazards of crisis enterprises,which will lay the foundation for the subsequent study of the legal problems of crisis enterprises.The second part analyzes the necessity of saving the crisis enterprises.This part is intended to elaborate the urgency,possibility and feasibility of saving the crisis enterprises from three aspects: theoretical basis,realistic demand and extraterritorial experience.This paper discusses the theoretical basis of saving the crisis enterprises based on the efficiency of the operational value and the effective theory of governance.The existing measures to save the crisis enterprises in our country can not meet the objective demand of the increasing crisis enterprises,and the outside successful experience of the rescue system provide the possibility and open up new paths for China to rescue the crisis enterprises.The third part,the main means and measures to save the crisis enterprises.This part mainly discusses the system design and arrangement of crisis enterprise rescue from both internal and external aspects.Crisis enterprises can pre-set the warning system and expand the power of board of directors to strengthen internal governance,to prevent and face the crisis.At the same time,we should constantly improve the existing reorganization system and learn from the successful rescue experience of foreign crisis enterprises in order to cooperate with the internal rescue system and to play a role in dealing with the enterprise crisis.The fourth part,the law's improvement of crisis enterprise rescue.This part provides the way for the rescue of the crisis enterprises from the view of legal perfection,and advocates the revision of directors 'powers and directors' obligations in the Company Law,which provides the legal basis for the board of directors to rescue the crisis enterprises.At the same time,through the revision of the "bankruptcy law" and resort to judicial interpretationto improve China's existing reorganization of the system supply and recognize the outside practiced pre-reform system in the form of law,finally to form a unified,effective rescue system of crisis enterprise with the main means and measures of crisis enterprises rescue.
Keywords/Search Tags:crisis enterprise, corporate governance, reorganization system, rescue system
PDF Full Text Request
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