Research On Bankruptcy Regulation Of Affiliated Enterprises

With the scale of modern market economy,the associated enterprises,a special enterprise model,plays an important role.Compared with a single enterprise,related enterprises are "better" in resource integration,transaction efficiency and operating cost reduction,but their special business model also has an impact on the current legal system and judicial practice.Especially in the field of bankruptcy law,if a single enterprise is still disposed of according to the bankruptcy path,it may not only seriously damage the interests of creditors,but also cannot guarantee the bankruptcy efficiency.Focus on the current company law and bankruptcy law system in our country,although its behavior in some way affiliated enterprise regulation,also to a certain extent,restrict the illegal behavior,but still can't properly comprehensive indexes of affiliated enterprise bankruptcy caused by using the correlation of asset cleaning,hidden assets,subject to distinguish,creditor protection material problem.In recent years,local courts have been actively exploring the bankruptcy of related enterprises,and have achieved good legal and social effects in the trials.However,due to the lack of relevant systems,the practices in practice are still in the dilemma of "unable to be followed",so it is urgent to improve the existing system and build the system.Only in this way,can we truly demonstrate the legislative objectives of the bankruptcy law and promote high-quality economic development,so that this "weak link" in the business environment can be made up and become a strong support for the market economy.This article is divided into six parts.The focus is on the illegal behaviors and institutional defects of bankruptcy of China's affiliated enterprises.Institutional considerations and system construction should be conducted accordingly.The first part is the introduction.This part focuses on the definition of the topic,clarifies the research background and significance,conducts an analysis of the current situation at home and abroad,explains the key issues to be solved,and proposes innovations.The second part is the basic understanding of bankruptcy of related enterprises.This part analyzes the theoretical basis and institutional challenges of the bankruptcy of related enterprises from the perspective of related enterprises.Among them,on the basis of the exploration of the causes,the author especially bases on the "independent system of corporate personality" and "limited liability system of shareholders" to reveal the institutional challenges faced by the bankruptcy of related enterprises.The third part is the extraterritorial investigation of the bankruptcy of related enterprises.This part focuses on the analysis of the typical bankruptcy system of associated enterprises in the United States,Germany and Taiwan,and rationally explores its significance for reference and introduction to China.The fourth part is the typical illegal and system reality in the bankruptcy of related enterprises.This part focuses on the analysis of the typical illegal behaviors in the bankruptcy of related enterprises,and reveals the current situation of insufficient system supply by reviewing the existing systems such as the company law and the bankruptcy law,so as to show the necessity of establishing the bankruptcy regulation of related enterprises.The fifth part is the system consideration and system construction of the bankruptcy of related enterprises.This part is the foundation of the study of this paper.It tries to explore the legislative direction of the bankruptcy of related enterprises in China through the consideration of domestic and foreign legal systems,and to build a set of "pre-prevention + post-regulation" regulation system with some emphasis.The sixth part is the conclusion.By sorting out and concluding the main arguments and conclusions,this paper makes the regulation system of "pre-prevention +post-regulation" distinct,realizes the "localization" reform of regulation,and constructs a new prospect of our country's independent bankruptcy regulation system of related enterprises in the field of civil and commercial affairs.