By Shaanxi province bar association sponsors " company method and problem of heat of difficulty of trade issue adjudgement " groom held in Xi'an on April 14, 2019. Before careful of top people court appoint committee member of full-time of class of can deputy ministry, go bankrupt law expert Judge Du Mohua is current heat problem " go bankrupt system " undertake explaining for worker of many 1000 law. Specific have:
One, go bankrupt the development trend of legal system
Judge Du Mohua introduces, 19, 20 centuries go bankrupt the case basically is liquidated with going bankrupt give priority to, 21 centuries in order to go bankrupt reforming, reconcile give priority to. Because,basically be, develop ceaselessly as system of socialist market economy and perfect, go bankrupt reforming can be in after introducing the strategy to invest, the manufacturing data that with going bankrupt the enterprise has is a foundation, optimize configuration quickly to produce a material. Relatively go bankrupt liquidation, go bankrupt reforming, reconcile to configure efficiency to producing the optimizing of the data taller.
2, cut the area with produce system be born nicer at present
Judge Du Mohua is mentioned, go bankrupt at present the case begins nicer area to have: Guangdong, Zhejiang, Jiangsu, Fujian. Beijing, Shanghai is chased in do all one can below, the look of things that begin is good. relatively, the comparison that northwest area begins is slow, main because, the place rules mechanism, government produces a system to know insufficient still profundity to defeating, still withholding below a lot of circumstances " going bankrupt is bad " understanding. What economic belt is built and optimize policy of battalion business environment all the way as one belt is ceaseless carry out, the market principal part that produces a system in order to defeat to be dominant exits a mechanism to be able to be perfected ceaselessly, northwest area goes bankrupt case amount will leap, to the lawyer character, it is blue sea market, be worth to pay close attention to and study.
3, why should establish go bankrupt now system?
Reason one, fill what main body of neat socialism market exits a mechanism is short board. Judge Du Mohua speaks of, annual the company registers quantitative leap, but survive 5 years the company of above is occupied only 68% the left and right sides, survive 10 years of above occupy 48% the left and right sides. Among them most company exits the market through administrative measure. Exit the market through administrative measure or him company, very adverse to producing the new configuration of the data, the problem of creditor's rights debt that if cannot be found out in time,exits a business, exit business information exposure is not total the issue that brings not in time, very adverse to the development of market economy.
Reason 2, progress of economy of current our country has entered new normal state, need industry is adjusted, need transition of new old kinetic energy. Judge Du Mohua emphasizes, go bankrupt through undertaking to corpse enterprise, problem enterprise reforming, introduce in time strategical pattern of capital, technology, new-style management, make a company new coruscate vigor. Final production data gets optimizing configuration.
Reason 3, construction of contemporary company system needs to go bankrupt system. Go bankrupt the system finds out the real reason that causes business failure through its inherent program, specific aim introduces pattern of capital, technology, management to wait, save the company that is close to going bankrupt in time.
Reason 4, solve thoroughly it is difficult to carry out, need goes bankrupt system. A case passes put on record, judgement normally, after executing 3 orders terminative, but often carry out belongings very hard. Should introduce again go bankrupt program, pass reforming, reconcile or after liquidation makes creditor's rights debt all and clear, get fair pay off, from go up at all solve carry out difficult question.
(the conference undertakes in)
4, drive go bankrupt the problem that case reforming exists
1, administration has been changed strong. At present governmental concept returns not complete change, do not wish to let an enterprise enter go bankrupt program.
2, although enter,go bankrupt program, take creditor's rights debt seriously to clear, negligence searchs true insolvency reason (namely where is the problem with real company, why to meet endowment not the reason such as pay a debt in kind or by labour) , bring about what cannot put forward to have specific aim to solve measure, the enterprise can be moved toward finally only go bankrupt liquidation.
3, those who take this locality capital seriously introduce, outside negligence resource. Fat water does not shed the thought unfinished of alien cropland to transform completely.
4, take capital gold seriously introduce, ignore pattern of technology, management introduce. Judge Du Mohua emphasizes, although all insolvency the insolvency of the enterprise the reason is endowment not pay a debt in kind or by labour, but cause endowment not the reason of pay a debt in kind or by labour is diversiform. If be the technology lags behind,bring about a product to do not have market competition ability, should introduce a technology; If be to manage mode to lag behind,bring about an enterprise to do not have vigor, should introduce advanced administrative pattern.
5, take seriously it is difficult to solve current fund, the position that ignores long-term development strategy (be like long-term look, the enterprise does not have competition ability, should reform as early as possible, is not to solve cash simply to sort a problem) ;
6, take law seriously applicable, and oversight technicalization, specialization administrative problem. Go bankrupt reforming is certainly from go up at all the problem that solves an enterprise to expand presence, be by no means statute of mechanization comfortable use.
7, take job of forensic administration of justice seriously to advance, the much branch such as negligence government is harmonious cooperate. Go bankrupt the case involves numerous issue, if taxation, worker finds a place for, dimension is certain wait, the court prepares the numerous government sector that involves without legally constituted authority. Judge Du Mohua emphasizes, must build government office courtyard to communicate harmonious linkage mechanism, ensure government and court cooperate efficient processing to go bankrupt case.
8, take traditional method seriously to fulfil, those who ignore contemporary informatization technology apply. Of contemporary informatization technology apply can in time develop go bankrupt the market outside business area, increase reforming success probability.
5, begin our country to go bankrupt currently try the job to answer importunate concept
Wraparound for " 4 change make "
Commercialize drive in order to commercialize means, overcome be not the enterprise that commercializes means to close to stop and turn.
Law is changed begin with law concept, namely market main body exits the market to should be passed go bankrupt the program is exited, or reforming, or reconcile, overcome administrative measure, had safeguarded each square rights and interests.
Specialization ought to begin with professional means go bankrupt the job, overcome blame specialization. Go bankrupt like what establish now court (professional platform) , person of legal talented person, industry technology qualified personnel, accountant, management.
Informatization is built drive with informatization means go bankrupt the job, overcome traditional pattern.
Build government office courtyard to communicate harmonious linkage to the mechanism makes a government support in the round and cooperate forensic cognizance to go bankrupt case.
6, how to let go bankrupt system be born, go bankrupt trial work produces effect, improve battalion business environment
1, specialization platform (specialization adjudgement group, go bankrupt of the court establish) ;
2, a Qing Dynasty of the cure that completes corpse company in order to commercialize to direct and dead enterprise;
3, go bankrupt the first pace looks for reforming the pathogeny of business failure, specific aim introduces cure resource;
4, the positive effect that with going bankrupt reforming produces reforming to be configured to resource for centre of gravity. Go bankrupt through the court resource of resource of reforming configuration resource, governmental measure configuration, the configuration between the enterprise (like the enterprise between buy) , the court in 3 kinds of configuration goes bankrupt configuration advantage has: Go bankrupt clearly after the excel of relationship of creditor's rights debt of the enterprise both; Go bankrupt after reforming can make the information excel that spends overall exposure company through going bankrupt both; Go bankrupt after reforming can make sure through mechanism of linkage of government office courtyard reforming plans to carry out excel both (especially after waiting, plan of both unwarrantable annex carries out civilian battalion enterprise, medium and small businesses, but go bankrupt after reforming plans to be passed via creditor conference, the court can supervise what reforming plans to carry out)
7, endowment not the main reason of pay a debt in kind or by labour has at 4 o'clock (bring about go bankrupt)
1, only debt structure is unreasonable. Short, medium, funded debt allocation is unreasonable, judge Du Mohua is told, at present much more short-term loan gives financial orgnaization company capital, but the enterprise often uses borrow or lend money at long-term strategical investment, if the technology is reformed, because of cannot short-term adduction beneficial, after bringing about debt to expire cannot pay off, but other side does not put the company in the problem------Go bankrupt reconcile
2, administrative structure is unreasonable bring about go bankrupt, should introduce administrative natural resources, cut difficult position------Go bankrupt reforming
3, company product cannot get used to the market, but there still is the market after improving, should technical product innovation------Go bankrupt reforming
4, the product cannot get used to the market completely, and cannot improve, should exit the market------Go bankrupt liquidation
8, be born defeats 7 move that produce a system
Judge Du Mohua puts forward 7 significant move to aid force to go bankrupt system be born
1, the adjudgement group that creates major.
2, build hold turn to join brokenly mechanism.
3, establish specializationed government person team and go bankrupt property management system. Go bankrupt administrative person is going bankrupt core position is on in the case, want to form specializationed administrative person group next, the breakthrough is lawyer or accountant regard supervisory as limitation only. Recruit all sorts of professional. Mention, next plans are, administrative person steps area service, participate in competition. In addition, encourage administrative person to build classification centralized management system.
4, reasonable the duty that delimits cent runs person and court and attributive.
5, encourage each district to establish administrative person association to mass troop of administrative administration person.
6, build the business that saves danger to strand an enterprise to direct with the market (establish save some technically with Yu Zheng kind or a few kinds go bankrupt the fund of the enterprise, to go bankrupt reforming is offerred strategical capital) .
7, numerous brief billabong, go bankrupt simply case applicably simple and easy program.
(above content and viewpoint come from Judge Du Mohua to groom in this go up explain content. The article offers individual study only, blame use for commerce, reprint need to agree via the author. )
