Research On The Difficulties In The Legal Practice Of Construction Company Bankruptcy

The construction company is a labor-intensive company.The company obtains the corresponding construction qualification with the quality of various projects it undertakes,and takes the company’s construction qualification as its own advantage to occupy its own territory in the construction market.And as the continuous downturn of the real estate industry,the construction industry has followed the tendency.There are such reasons why construction companies go bankrupt:Some of them are difficult to manage due to their numerous affiliations and internal contracts;some are entangled with the creditor’s rights and debts after subcontracting;some are difficult to recover due to the huge advance funds,because of these reasons,some construction companies had to file for bankruptcy on their own,while others were filed for bankruptcy by their creditors and eventually went bankrupt.After a construction company is accepted for bankruptcy,its huge and complex internal and external network brings great challenges to the take-over and follow-up work of the administrator,and the study of bankruptcy law practice is the content that the administrator needs to think about when dealing with the problem after the administrator takes over the bankrupt company.Managers of different cases have different approaches to the same issue.Although there are differences in different cases,the failure of construction companies has not been regulated by perfect laws and regulations,which is the key to this situation.When dealing with the bankruptcy cases of construction companies,many managers have to consider more about how to settle the cases,but they lack of thinking about how to choose in the early stage of takeover to make the bankrupt construction companies move to the normal development as soon as possible,and how to choose to make the bankrupt construction companies survive for a long time,etc.In short,the relevant practices in practice only solve the urgent problem of bankrupt construction companies,and there are still limitations;Only by perfecting the relevant regulations of bankrupt construction companies can bankrupt construction companies be saved and survive for a long time.This paper mainly uses the analysis methods of law and economics,case analysis and empirical research to study the three legal practice problems of the bankruptcy of construction companies through the combination of comparative argumentation and examples.In the first part of this paper,the author gives a brief explanation of the background、questions and methods based on his own experienceThe author in the second part to encounter bottlenecks in your current job as an opportunity,put forward the construction company bankruptcy case of the practical difficulties encountered problems;the unsound legal system,choice of bankruptcy procedure,the affiliated project qualitative and qualitative associated company’s property,and the reason for the formation of these problems are analyzed in aIn the third part,the author answers the above questions from the two aspects of the existing legal framework and the improvement of legislation.That is,the author analyses the question from the existing legal framework and perfect legislation,the author proposes it is feasible to countermeasure to the practical difficulties in the second part:bankruptcy construction companies to choose restructuring system is the most in line with the optimal allocation of resources;As for the qualitative problem of the affiliated project fund and the property of the affiliated company,there may be different qualitative problems in different bankruptcy procedures.Only by forming certain rules can we deal with similar bankruptcy cases skillfully in the future.Although the author puts forward the countermeasures in the third part of this paper,it still has its limitations:it cannot accommodate the interests of all parties or satisfy the value pursuit of fairness and efficiencyTherefore,in the fourth part,the author brings forth his own views and suggestions on how to improve the relevant issues of construction company bankruptcy from the perspective of legislation,hoping that the relevant laws and regulations can be advanced to make the disposal of relevant issues more specific,in order that the work of the administrator and the court can be facilitated.