合伙企业破产法律制度分析word格式论文.docxVIP

优秀毕业论文 2 精品参考文献资料 Partnership and corporate enterprise have become the principal part on the market, which have played a very important role. In china, since the establishment of socialist market economy, the reform of enterprise’s ownership and the change of concept of legislation on enterprise, property relations, responsibility and model of organization have become the criteria on the identification of enterprises. Partnership, as the main body of the civil legal relationship, has played an increasingly important role in the process of socioeconomic development in our country. On June 1st, the revised version of “Law on Partnership of the People’s Republic of China”, which will be called thereafter for short, and the “Bankruptcy Law on Enterprise of the People’s Republic of China” which will be called Bankruptcy Law on Enterprise, have jointly come into force. Despite great breakthroughs and innovation in the above two laws, compared with the past, many issues still need further more specific stipulations, of which, the issue on the bankruptcy of partnership is pronounced. It is still a disputed issue whether or not the partnership is endowed with the qualification of declaration of bankruptcy. It is also yet recognized by the law. The resultant consequence is that in the process of market competition, when the partnership lost the ability of solvency for liabilities, bankruptcy liquidation cannot be conducted, which in turn is not beneficial to the equal protection for the oblige. In many cases, it is also unfavorable to the interest protection of partners. The revised version of the “Law on Partnership” and the “Bankruptcy Law on Enterprise” put a stop to such a issue, but there are only several articles in the laws which carry relevant stipulations, such as the 92th article in the “Law on Partnership” and the 134th article in the “Bankruptcy Law on Enterprise”. Moreover, it is only clearly stated in the law that the bankruptcy liquidation can be conducted on