Definition Of The Cause Of Bankruptcy Of Partnership Enterprises

In recent years,with the development of the market economy,the partnership as a form of enterprise,based on its special organizational form different from the corporate enterprise,the proportion and participation of the partnership in the market trading activities is getting higher and higher,and the partnership has an indispensable role in the efficient operation and long-term development of the market economy.According to China's current legislation,the revised version of the“Law on Partnership”has made major provisions on the entry,survival and withdrawal of partnership enterprises.This paper discusses one of the important ways in the exit of the partnership-bankruptcy and the definition of the core elements of the bankruptcy process—the causes for bankmptcy.At present,the main legal basis for the definition of bankmptcy reasons involved in the bankmptcy system and process of partnership enterprises in China is the current effective "Bankruptcy Law on Enterprise",the revised version of the "Law on Partnership" and judicial interpretation documents.Among them,the " Bankruptcy Law on Enterprise" mainly provides detailed regulations on the bankruptcy procedures of corporate enterprises,and applies to the bankruptcy procedures of unincorporated organizations.However,due to the provisions of the revised version of the "Law on Partnership",there is only a provision for the bankruptcy procedures of the partnership,lack of specific procedures and detailed operational requirements,which s slightly rough and not perfect for practical exercises.Level of uncertainty.Based on the current limited and effective provisions,this paper discusses the definition of the causes of bankruptcy of the partnership in combination with the different viewpoints of academic experts and scholars.This article is divided into the following partsThe first part first analyzes the bankruptcy ability of the partnership.Bankruptcy ability is a precondition for the insolvency proceedings of a partnership.Before analyzing the specific details of the criteria for determining the cause of bankruptcy in a partnership bankruptcy proceeding,the bankruptcy capacity of the partnership should be clarified.This part mainly supports the argumentation that the partnership enterprise has bankruptcy ability from the outside of the country and China's legislation on the scope of the subject of bankruptcy,that is,the scope of the subject of the insolvency proceedings,and the affirmation of the theoretical theory of the bankruptcy of the partnershipThe second part discusses the definition of the causes of bankruptcy of corporate corporations,and provides a reference for the definition of the causes of the bankruptcy of partnerships.It is important to define the definition of bankruptcy reasons for the bankruptcy procedures of general corporate legal persons or the bankruptcy procedures of partnerships.Secondly,it compares the definition of bankruptcy reasons in foreign countries and the definition of bankruptcy reasons of partnership in China,and analyzes the core elements of bankruptcy reasons——the essential elements of“not payable”,which provides important for the definition of bankruptcy reasons of partnerships referenceThe third part is based on the discussion of the second part,combined with the particularity of the property nature of the partnership enterprise and the particularity of the liability for debt settlement,analyzes the influencing factors of the judgment of the bankruptcy reasons of the partnership enterprise,and refers to the general corporate enterprise.The reason for bankruptcy is to define the particularity of the causes of the bankruptcy of the partnershipThe fourth part mainly distinguishes the causes of the bankruptcy in each stage of the bankruptcy procedure of the partnership enterprise,and breaks the idea of uniformly defining the bankruptcy reasons in the traditional concept.According to different stages and different subjects,the definition of bankruptcy reasons based on different stages such as the creditor's application for bankruptcy and liquidation of the partnership,the application of the creditor in the court,and the substantive examination of the bankruptcy after the court's acceptance are respectively defined,to improve the rationalization and feasibility in practice.