Research On The Perfection Of Credit Repair Mechanism In Bankruptcy Reform Enterprise

The reorganization of enterprises entering the bankruptcy process will inevitably have bad credit information,and with the continuous advancement of the construction of the mechanism of defamation and disciplinary action,the main bodies of the untrustworthy "one place is untrustworthy and limited everywhere." This will inevitably lead to the failure of the reorganization enterprise to successfully implement the reorganization plan due to credit problems.Even after the reorganization plan is completed,the daily production and operation activities of the reorganization enterprise will be greatly affected.It can be seen that credit repair of bankruptcy and restructuring enterprises is an indispensable part of helping bankrupt enterprises to rebuild successfully.The necessity of rebuilding the enterprise credit repair mechanism is reflected in three aspects: First,the establishment of the credit repair mechanism makes the system of discretion and punishment more complete;second,the specificity of the reorganization enterprise requires that it establish an independent credit repair mechanism;Third,the smooth implementation of the reorganization plan requires the removal of bad credit records.According to the credit recovery operation mechanism of normal enterprises and the experience of credit recovery for reorganization enterprises in practice,it can be seen that the credit recovery operation mechanism of China's reorganization enterprises mainly includes two aspects: the credit subject self-interpretation and the enterprise independent error correction mechanism.Since the reorganization enterprises are all “insolvent”,it is difficult for the reorganization enterprise to carry out credit repair through the enterprise's independent error correction method,and the credit subject's self-explanatory approach is only used in the central bank credit information system.Therefore,in practice,the main purpose is to reorganize the enterprise manager or the relevant person in charge with the letter issued by the court,assist in the implementation of the notice or the civil ruling,and submit the credit repair application to the relevant taxation,industry and commerce departments,etc.However,due to the lack of legal basis to support,resulting in unclear physical requirements and procedural requirements,the relevant administrative departments are caught in the dilemma of whether they should help and how to help reorganize enterprises to carry out credit repair.As a result,the difficulties of repairing bad credit records in the central bank's credit information system,the burden of bad credit information on reorganizing enterprises,the implementation of bad business credits hindering the reorganization plan,and the difficulty of removing blacklists from different courts are derived.The key to resolving the rectification of enterprise credit remediation and improving the credit remediation mechanism of enterprises is to revise relevant laws and regulations,provide legal basis for the operation of bankruptcy reorganization enterprise credit remediation mechanism,and entity requirements and procedures for reorganization of enterprise credit remediation mechanism.The requirements are clearly defined.At the same time,we should learn from the local experience and reorganize the characteristics of the enterprise,establish a "separate" disposal mode,and divest the bad credit information of the restructuring enterprise.According to the predicaments in practice,specific analysis of specific problems,repairing the information of credit information by learning from the experience of local banks,reassessing the taxation level to reduce the burden of restructuring enterprises,temporarily resuming business qualifications according to the written materials of the court,and improving the blacklist of different courts.Elimination of relief procedures and other means to help the restructuring of enterprises to carry out credit repair,and promote the successful reorganization of bankrupt enterprises.