建立我国的破产财团制度刍议（Discussion on the establishment of bankruptcy consortia in China）.docVIP

建立我国的破产财团制度刍议（Discussion on the establishment of bankruptcy consortia in China） Discussion on the establishment of bankruptcy consortia in China Author: Han Changyin The enterprise is declared bankrupt after the takeover by the liquidation group in accordance with the law, in principle, to stop all production and business activities, its power and capacity limitations in the scope of the liquidation within, at this time, how the nature of enterprise and legal status? This is the problem of the bankruptcy law theory is a very important and complicated problem, which involves the bankrupt property ownership, before declaring bankruptcy creditor debtor relationship and undertake bankruptcy after the new debt relationship to bear, the nature of the institution, the liquidation group denied the right claim object, whether the enterprise for the original organization the management function of the loss and the gain or lose the value of independent existence and other related issues. Because of the bankruptcy after the announcement, the nature and status of the enterprise is not clear in legislation and vague in theory. It has a direct impact on the operability of many problems in the front. The most obvious example is the enterprise bankruptcy law of our country only the provisions of the bankruptcy expenses from the bankruptcy property priority allocation (the act thirty-fourth), and for the bankrupt enterprise after the bankruptcy declaration of debt, debt or common debts while the consortium did not mention the reason instead of blaming the legislation, mainly lies in the main negative unsolved problems and establish the system of bankruptcy property cannot establish consortium debt, nor is it to comply with practice. From the angle of logic words, to theoretically straighten tact forefront of a series of problems, it is necessary to build the system of bankruptcy property is the premise of this paper is how to establish a system of bankruptcy property in Chinas nation