| In order to improve the ability to resist risks and economic benefits,reduce operating costs,more and more economic entities to be presented in the form of associated enterprises.There is no doubt that affiliated enterprises can bring a lot of positive effects to the development of economy and society,but it is easy to avoid the negative effects of debt and credit crisis.It is more and more common to use the related behavior to harm the interests of the creditors of the subordinate enterprises.The merger and bankruptcy of the related enterprises in our country is still in the blank in the legislative level,but there are many cases in the judicial practice.The serious lag of the relevant legislation leads to the existence of the substantive consolidation bankruptcy of affiliated enterprises and the problems of the judicial adjudication standards.Especially,the law has not been on substantive consolidation of the affiliated enterprise bankruptcy in how to identify related enterprises shall be clearly defined,which bring many challenges to the judicial practice,but also directly affect the enterprise merger and bankruptcy related to how to operate with bankruptcy to solve a series of problems with the existing bankruptcy what legal consequences of implementing specific procedures and in what circumstances.In view of this,this paper intends to combine the relevant legislation and judicial practice on how to identify related enterprises to make a shallow discussion,in order to provide reference for the relevant legal system and judicial practice. |
