| Affiliated enterprises,as an organizational form,have been adopted by more and more market participants,and a large number of affiliated enterprises have appeared in the market.However,there may be some phenomena such as property confusion,illegal transfer of property,illegal secured loans and so on.Once the operation is not good,insolvency will lead to bankruptcy.In this case,the proportion of creditors’ repayment will be reduced improperly by the affiliated enterprises,which will not only infringe the legitimate rights and interests of creditors,but also bring negative impact on the bankruptcy work of the affiliated enterprises.Therefore,this paper combines the difficulties encountered in the judicial practice of our country,explores the construction of the bankruptcy system of affiliated enterprises merger,in order to effectively avoid the risks brought by the bankruptcy of affiliated enterprises to creditors,at the same time solve the problems brought by the bankruptcy of affiliated enterprises,and constantly refine the implementation norms to enhance the operability in practice.The core point of this paper is that when an enterprise in an affiliated enterprise goes bankrupt or all goes bankrupt,if it meets certain conditions and standards,the merger bankruptcy system should be applied.At that time,the current separate bankruptcy will be transformed into the joint bankruptcy of the related enterprises,which will assume the responsibility of liquidation and pay off debts to the outside world.The creditor may be compensated according to the proportion of creditor’s rights in the unified bankruptcy property of the affiliated enterprise.This system not only guarantees the right of creditors of affiliated enterprises to receive fair repayment,but also helps to improve judicial efficiency and maintain judicial credibility.The article mainly includes four parts: The first part of the introduction mainly elaborates the background of the topic,literature review,research methods and innovations.The second part,mainly around the current legislative status and judicial practice status,find problems,and demonstrate the value of introducing the system of merger and bankruptcy of affiliated enterprises in legislation as the context,and discuss in detail.This paper probes into the value and rationality of establishing the merger and bankruptcy system of affiliated enterprises.The third part discusses the system construction of merger and bankruptcy of affiliated enterprises in China,puts forward the applicable conditions and standards of merger and bankruptcy of affiliated enterprises in China,and demonstrates them with typical cases,and explores the procedural provisions to ensure the application of merger and bankruptcy system of affiliated enterprises.The fourth part is the conclusion,which combs and summarizes the context of this article.It mainly summarizes the main points of this article and the development prospects of the merger and bankruptcy system of affiliated enterprises. |
