Study On “Deep-Rock Doctrine”

With the development of market economy and the improvement of the judicial system,"deep-rock doctrine",originated in the United States devoted to protecting the interests of creditors,has entered people's vision.There is a close relationship between the controlling company and the subordinate company,which provides convenience to transmit the interests from each other.If the hidden trade means are not effectively supervised,the controlling company will break the Legal bottom line face to huge benefits,and lead to the bankruptcy of the subordinate company with the aid of the subordinate company in disguised form.Therefore,the improper creditor's rights obtained will affect the creditor's rights of other creditors.The law pays off fairly.Under the framework of the existing legal system in China,there is no legal regulation on the liquidation of the creditor's rights and ordinary creditor's rights caused by unfair behaviour in the bankruptcy procedure.In judicial practice,controlling the company by various means infringes on the legitimate interests of others.The inequitable distribution of the remaining property of the bankrupt company is becoming increasingly prominent.To maintain their own creditor's rights,the bankrupt company's creditors can achieve.The continuous pursuit of legal relief has also attracted the attention of scholars,legislators and judicial personnel.Although China has proposed the introduction of "deep-rock doctrine" in the draft legislation,the system has not been successfully constructed in China's legal system so far.The typical cases published by the Supreme People's court in 2013 once again ignited the topic of "deep-rock doctrine" in the way of judicial priority.This paper follows the idea of putting forward problems,analyzing problems and solving problems.The paper studies the introduction of "deep-rock doctrine" in China.This paper is divided into four parts:The first part is the basic theory of "deep-rock doctrine".It mainly expounds and analyzes the concept,generation and development of "deep-rock doctrine",as well as the embodiment of the legal basis of "deep-rock doctrine" in China's legislation.The second part is the application of "deep-rock doctrine" in foreign countries.By comparing the differences and existing backgrounds of the system application in different legal systems,it provides reference value and new ideas for the construction of "deep-rock doctrine" in China.The third part is the analysis of the necessity and feasibility of introducing the "deep-rock doctrine" in our country.It mainly points out the lack of creditor protection in the bankruptcy procedure through the current situation of legislation and judicature.The in-depth analysis provides theoretical support for the later construction of the "deep-rock doctrine".The fourth part is the combination of entity and procedure,how to build a "deep-rock doctrine" in our country and put forward personal suggestions.