Research On False Litigation Of Enterprise Bankruptcy

As an important part of the market economy,corporate bankruptcy can be used to rationally allocate the resources occupied by failed companies to the market.However,in recent years,many companies have used the bankruptcy false lawsuits to escape from debt to avoid liability.This not only undermines the legitimate rights and interests of creditors and other stakeholders,but also damages judicial authority and disrupts market credit through false lawsuits.Regardless of whether it is from the perspective of economic operation or legal maintenance,the regulation of false bankruptcy lawsuits of corporate bankruptcies must be more perfect.The occurrence of false bankruptcy lawsuits from the legal point of view,the existence of bankruptcy reasons,the system is not clear,the information disclosure system is not perfect,the bankruptcy administrator's investigation authority is too small,the criminal punishment is low and other issues;from a market economy,the market economy Intrinsic deficiencies such as profitability exist in itself;from the government's point of view,the government's cooperation and economic regulation are not comprehensive,manifested in the status quo of information platform construction and coordination with the court,etc.In addition,the company's bankruptcy involves many stakeholders and trials.Professional requirements are high,and courts at all levels should actively respond to calls for the addition of professional judges to establish specialized courts.For the purpose of regulating false bankruptcy lawsuits of enterprises,the author proposes suggestions from the following aspects.Clearly clarify the bankruptcy reason system,give judges more discretion,relax the investigator's investigative authority and increase remuneration,increase supervision,increase the illegal costs of corporate bankruptcy false lawsuits;build a sincere society,raise awareness of the whole people's legal system,and wake the company's Responsibility and social responsibility,use information technology to facilitate the construction of information disclosure platform,improve the symmetry of information;cooperate with the government and the courts to build a corporate bankruptcy institution to increase work efficiency;increase the number of professional judges,and increase the number of judges and administrators Communication,easy to understand and work with.It is hoped that through the improvement of various aspects,the aim of regulating the bankruptcy lawsuits of enterprises will be achieved.