The Legal Construction Of The Deep Rock Doctrine In China

The phenomenon that the controlling company damage the interests of creditors through connection transaction has become more serious day by day in China.In the existing legal system,there are so many creditors faced unfair distribution of property when companies are bankrupted,and they are hastily seeking remedy approaches.In the process of the distribution of bankruptcy property,there is no legal system in the framework of China's existing legal system to regulate the unfair behavior.It shows that the legal remedy approaches which creditors can rely on is single,which is not conducive to the development of market economy,which highlights the necessity of solving such problems in judicial practice.The experts and scholars in the field of law have been devoted to the construction of relevant legal system,and hope to reasonably solve the problem of equity in the distribution of bankruptcy property.In the process of seeking breakthroughs in related issues,the Deep Rock doctrine in the United States has entered people's attention once again.The system has experienced nearly 100 years of judicial practice in the United States,which has effectively promoted the economic development of the United States.The successful application of the Deep Rock doctrine in the United States has a good reference for solving the problems in related fields.This study adopts a variety of research methods,such as document data,historical analysis,comparative analysis and case analysis,to investigate the theories and legal systems related to Deep Rock doctrine at home and abroad.The studies have found that our country studies the Deep Rock doctrine is not that thorough,for the way behind of controlling company 's rights,the range of rearwards debt,the special construction,the burden of proof,the system cohesion and other issues still need scholars made in-depth research,the system has been unable to form formal legal documents,and related judicial practices are also in the stage of exploring.This research makes our country's actual situation as a starting point,makes Deep Stone doctrine as the main line,respectively from the basic theory of the system and the development,the necessity and feasibility of introducing in our country,the practice situations of this theory in the world and the system in our country's construction four aspects to illustrate,aims finish the construction of Deep Rock doctrine which fits China's legal system to solve the judicial practice in our country,such as ruling related party which is not a fair deal,reasonable distribution of the bankruptcy property and the creditor's protection system,which reflect the blank of the current legal system in China,so as to achieve the aim of maintaining the interests of all parties in equity,hope to play a positive role in constructing the Deep Rock doctrine and processing legal development in our country.