合伙企业破产特殊问题分析word格式论文.docxVIP

来代替其清偿债务的求偿权作为破产债权，向其申报权利。 关键字：合伙企业；破产；合伙人AbstractThe partnership enterprise, as a market player, plays an increasingly important role in the market-oriented economy. Being a market player participating in the market competition, it should always follow the rule of ‘natural selection’ in market. Therefore, we should build up a Market Retreating and Elimination Mechanism for them.For a long term before the fine amendment of Enterprise Bankruptcy Law, the bankruptcy capacity of partnership enterprises stayed unacknowledged in China. This has lead to absence of bankruptcy liquidation when the enterprise fails to clear its debt in the market competition. This acts in disfavor of the creditor. The Draft Amendments of Enterprise Bankruptcy Law states that it applies to the legal entity, partnership enterprise and copartner - a progress forward indeed. However, contrary to the draft, the final passed Enterprise Bankruptcy Law shows reversion and reduction: it only claims application to bankruptcy liquidation of organizations other than legal entities defined in other laws. And here partnership enterprises and copartners are no longer clearly included. The partnership enterprise feels that the law is ambiguous and unconfirmed on what subjects it actually applies to. The then amended Enterprise Bankruptcy Law grants partnership enterprises bankruptcy capacity, declares that the creditor’s right to apply for bankruptcy legally after failure to repay its debt. However, since the partnership enterprise lacks civil legal capacity and action ability that a legal entity owns, and also the copartner is required to take unlimited joint liability, it presents particularity in bankruptcy procedures and entity status, i.e. entity of partnership enterprise to bankruptcy application, scale of bankrupted property, repayment sequence for bankrupted creditor’s right, repayment sequence for partnership enterprise and copartner, all of which differ from that for the legal entity. Further stil