Study On The Legal Issues Of Deep-Rock Doctrine In The Company Bankruptcy

When the company enters the bankruptcy stage,it will involve the issue of the distribution of bankrupt property.The current practice of our country is to pay ordinary claims in the same order according to the principle of equal claims,and in many cases,the company's shareholders will use the dominant position to implement Obtaining claims by unfair behavior,which damages the rights and interests of other external creditors.In this case,the ordinary claims are paid in the same order.Although the formal fairness is guaranteed,it is essentially unfair.the result of.The Deep Stone Principle is a system used to resolve the interests of external creditors when the company goes bankrupt.In order to better protect the interests of external creditors,China can consider introducing the American Deep Stone Principle on a critical basis to improve the protection of our creditors Legal system.The Deep Stone Principles originated from the US case law,and China belongs to the statute law country.Therefore,when introducing the Deep Stone Principles,our country must be concretely constructed in accordance with China's actual conditions.The full text mainly adopts the literature review method,case analysis method and comparative research method.First,the three iconic cases generated by the Deep Stone Principles are analyzed through the case analysis method,and the applicable objects and conditions of the three cases to the Deep Stone Principles are combined,and the applicable theoretical basis and theoretical controversy were analyzed.Secondly,the comparative analysis method was used to make a comparative analysis of the institutional arrangements of the Deep Stone Principles in different countries and regions to provide experience and lessons for the introduction of the Deep Stone Principles in China.The article finally analyzes the feasibility and necessity of introducing the Deep Stone Principles in China,and settles on the specific construction of the Deep Stone Principles in Chinese laws.It is clear on the basis of drawing on the relevant regulations of other countries and regions and the views of scholars at home and abroad.Its applicable subject requirements,behavior requirements,and outcome requirements improve the legal system for the protection of creditors in China.