Research On The Legal Problems Of Zombie Enterprise

In recent years,overcapacity has become the key problem that our government needs to solve urgently.The top of the task of structural reform is to "go to production capacity",and the "zombie enterprise" withdraws from the market as the key way to effectively resolve the excess capacity and become the focus of the social discussion.The enterprise should be the organization to improve the output value and promote the economic development for the society.However,there are a large number of "zombie enterprises" still in the market,occupying a large number of social resources,but can not produce economic benefits.It has long been in reality and hindered the development of the whole society and economy by the support of government and bank loans.To control the "zombie enterprise" is the key to dissolve the overcapacity work.It is the most important task of our country at present.It is necessary to make these "zombie enterprises" out of the market orderly and improve the competitiveness of the market subject.On the basis of introducing the basic concept of "zombie enterprise",the author deeply analyzes the current situation of the "zombie enterprise" in China,combs the legislative situation of our country's bankruptcy,and analyzes the legal problems existing in the "zombie enterprise" in China according to the particularity of the "zombie enterprise",and summarizes the United States,The experience and lessons of Japan and Germany in harnessing "zombie enterprises" provide suggestions for the governance of botnets in China.The first part of this paper makes a detailed introduction and explanation of the basic problems of the "zombie enterprise".First,the concept of "zombie enterprise" is introduced.From the first definition of "zombie enterprise" by Peter coy in the United States,the definition and identification methods of "zombie enterprises" in foreign countries and China are introduced.There are loopholes in various identification methods and standards.Then,based on the transformation of China's economic system and the development of economy and society,the reasons for the emergence of a large number of "zombie enterprises" in China are analyzed.The second part analyzes the current situation of "botany enterprise" governance in detail,and points out the main legal problems in the governance of "zombie enterprises".The enterprise bankruptcy law in China was formally implemented in June 1,2007 and has been implemented for eleven years.According to the initial stage of the bankruptcy legislation,the stage of breakthrough and the improvement of the three stages,the development process of the bankruptcy legislation in China is combed,and the economic society in different stages is also reflected in the same time.According to the design of the enterprise bankruptcy law,when an enterprise has problems and fails to operate properly,enterprises can withdraw from the market according to relevant procedures.However,in practice,the implementation of the enterprise bankruptcy law is not smooth,and the enterprises that are actually withdrawing from the bankruptcy procedure are few,and the relevant supporting system is not perfect.In the long run,some enterprises that should have withdrawn from the market have not quit in time,thus producing more "zombie enterprises".In this paper,the relevant legislation related to bankruptcy in China from 1986 to now has been combed in detail.Through the analysis of the typical cases issued by the Supreme People's court,the present situation of the "zombie enterprise" in China is pointed out and the legal problems in the process of the stage of governance are presented.The third part analyzes the governance methods of the "zombie enterprises" in the United States,Japan and Germany respectively,and the United States and Japan are in the course of the "zombie enterprise" in the process of taking a curve,this article from the positive and negative analysis,both summing up experience and learning lessons,and from the enlightenment to our country.The fourth part of this paper is the core of the full text.On the basis of the analysis of the "zombie enterprise" in the above four parts,the correct path of the "zombie enterprise" is discussed,and the reasonable suggestions for the "zombie enterprise" are put forward at the present stage in China.First of all,we should make clear the main responsibility of the "zombie enterprise" governance,and form the normal mechanism of "the linkage of the house of funds",and effectively link the guidance of the government with the trial of the court.Second,compared with the highly efficient bankruptcy procedure in the United States,there are still many problems in our bankruptcy trial.Therefore,we should improve the trial of bankruptcy cases and improve the quality of bankruptcy.For example,we will classify and deal with "botany enterprises",improve the utilization rate of cases transferred to bankruptcy procedures,and simplify the diversion of bankruptcy cases.Third,we also need to improve the bankruptcy administrator system,expand the source of the bankruptcy administrator,improve the professional level of the bankruptcy administrator,set up the bankruptcy administrator Association,and strengthen the management of the bankruptcy administrator.Fourth,improve the matching social security mechanism and do well the resettlement of workers.