The Study On The Introducing Of Equitable Subordination Doctrine In The Bankruptcy Of The Affiliated Enterprises

Our current bankruptcy law for associated enterprises secure of the bankrupt enterprise by injustice of creditor’s rights and how to define and the sequence of the repayment has not been clearly defined,if such creditor’s rights with ordinary creditor’s rights in accordance with the same sequence of fair,cannot realize the bankruptcy law to pursue the principle of fair distribution.On this issue,the Equitable Subordination Rule in American case law is regarded as a tool to deal with the problem of related creditor’s rights in the bankruptcy of affiliated enterprises.This article start from the affiliated enterprise bankruptcy creditor benefit protection problems,in introducing the equitable subordination rules has practical necessity,then with equitable subordination rules of origin and its legal basis,analyze that equitable subordination rules and related legal,the enterprises take responsibility for equitable subordination times the introduction of the rules in our country,to provide theoretical support.In this paper,the necessity and feasibility of introducing the rule of equity in the bankruptcy of affiliated enterprises are explained through the current legal status of related enterprises in China.On this basis,from equitable subordination rules apply entity elements and procedural standard point of view,put forward the related enterprise bankruptcy rules of introducing the equitable subordination times build Suggestions,and puts forward specific Suggestions on some equitable subordination time rules apply.