破产原因研究.docxVIP

Bankruptcy Law about the causes of bankruptcy from a development perspective and by means of a comparative analysis in the old bankruptcy legislation. The third part is the second analyzing questions part about the deficiencies and issues of causes of bankruptcy provided in the new Enterprise Bankruptcy Law. The part starts from a comprehensive viewpoint by means of a comparative analysis of legislation in developed countries to analyze the elements of can-not-discharge, insolvent and stop-paying and their mutual relations from bankruptcy law theory, on the basis of which analyzes the deficiencies and defects of the causes of bankruptcy legislation in Chinas new Enterprise Bankruptcy Law, and combines with the enterprise corporate insolvency practice to give a certain empirical analysis on Chinas new Enterprise Bankruptcy Law about the practical problems concerning the causes of bankruptcy provisions. The third part is the solving problem part about some opinions and suggestions of the improvements and reconstructions with regard to the causes of bankruptcy in the new Enterprise Bankruptcy Law. The part puts forth some of my own suggestions and recommendations about amendments and improvement towards the deficiencies and issues of causes of bankruptcy provided in the new Enterprise Bankruptcy Law: The first one is to apply can–not-discharge to corporate insolvency as a general reasons for bankruptcy and at the same time to presume those debtors who stop paying the debt in a continuous state presumed to be liquidated; In addition, if the creditors petition the claim for bankruptcy, the amount of claims should be appropriately restricted. The second one is to regard the insolvent as the basic reason of can-not-discharge’s presumption or supporting reason which can be applied to the company limited by shares and other financing companies. The third one is to take insolvency as the only reason for bankruptcy in the liquidation of the enterprise. Key words: causes of ba