The Legal Confirmation Of The Associated Debtor Of The Bankrupt Enterprise

The Central Economic Work Conference emphasized that in handling zombie enterprises,reducing excess production capacity and advancing supply-side structural reforms,the judiciary should create the conditions for the implementation of a market-based bankruptcy procedure in accordance with the law.Enterprises that do not meet the standards of national energy consumption,environmental protection,safety and long-term overcapacity can be reorganized through bankruptcy procedures or withdrawn from the market in an orderly manner,which helps to improve the efficiency of resource allocation and enhance the quality and quantity of economic growth.With the rapid development of market economy,the affiliated enterprises of large-scale and highly centralized enterprise consortia have become important participants in the current market economy.While they adapt to market competition,they also expose many legal issues.It is a huge challenge for the traditional corporate personality independence,limited liability and other institutional basis for the formation.Under this background,this paper discusses in detail the concept,type,system and other aspects of such special bankruptcy subjects with a view to clarifying which subjects related to them should be incorporated into the insolvency proceedings when they are bankrupt,as bankruptcy the affiliated debtors of the enterprise jointly assume the responsibility for the debts of the bankrupt enterprises.All of these is to achieve the objective of improving the judicial efficiency of bankruptcy and restructuring of enterprises,effectively integrating resources,reducing costs and achieving a win-win outcome of the fairness and efficiency of bankruptcy cases.This article uses the comparative analysis and the literature research method to analyze and study the relevant systems abroad,and connecting with the domestic scholars research on this question,to the bankrupt enterprise association the debtor to carry on the definition,classification,such as confusion,guarantee,etc.,has been clear about the various types of associated by relying on the legal relationship of debtor,such as contract relationship,equity,etc.In order to determine the specific scope of the associated debtor,it is necessary to take the responsibility of the bankrupt enterprise with its own property,except the natural person.By regulating the bankrupt enterprise associated with the debtor the analysis of the existing system and the judicial practice,summarizes the limitation of system,therefore,put forward clearlyassociates the debtor applicable rules,the legal person personality denial system apply appropriate expansion in affiliated enterprise bankruptcy,cancellation right of bankruptcy and bankruptcy invalid system should be as the prerequisite of the applicable essence combined system.Correlation between practice the debtor confirmation standards are different,the use of essence combined system is lack of legislation,therefore,this paper argues that deal with real merger system on legislation,clarify the applicable standards,namely mainly confusion and creditors as decision criteria,and applicable to the relevant procedure problem in the process of thinning,such as jurisdiction,confirm the main body of clear.Finally,it is clear that the legal liability should be borne by the relevant debtor subject.