Because go bankrupt,the law involves a company only before this, do not include an individual, and be called " half go bankrupt law " , hopeful of this one situation is changed now. On July 16, national hair changes appoint government-owned net is released " accelerate perfect market main body to exit a system to reform scheme " (the following abbreviation " plan " ) , put forward clearly, research builds an individual to go bankrupt system, advance the consumption that builds a natural person to accord with a condition to be in debt stage by stage but lawfully reasonable avoid duty, build comprehensive individual finally to go bankrupt system.
The individual goes bankrupt the system builds shortly
" plan " go bankrupt to the individual the building of the system raised new requirement. " plan " show, research builds an individual to go bankrupt system, the natural person joint liability that settles business failure generation mainly assures debt problem; Clear natural person waits for a reason because of assuring and assume with production management activity is in debt relevantly but lawfully reasonable avoid duty; Advance the consumption that builds a natural person to accord with a condition to be in debt stage by stage but lawfully reasonable avoid duty, build comprehensive individual finally to go bankrupt system.
With day, media coverage says, the individual is broken produce degree of will pilot go ahead of the rest, hopeful of second half of the year is started in specific area pilot.
According to introducing, our country is at present only business failure law, the individual goes bankrupt the system includes not formally still. This is meant, enterprise endowment not pay a debt in kind or by labour, can apply for to go bankrupt to the court; The individual is heavily in debt cannot repay, cannot resolve difficulty through same way however, expect " stage a comeback " . Such current situation is perplexing a court already, also perplexing a part to be become innocently originally " Laolai " the person that be in debt. Before this, top people court ever suggested to perfect executive legislation, drive build an individual to go bankrupt system, expedite " carry out cannot " the case exits method lawfully.
Chinese cartel can study ministry researcher Liu Xingguo thinks, the individual defeats the exploration that produces a system to had had for a long time, the society also goes bankrupt to the individual the roll outing of the system has relatively intense expect. If this one system can as soon as possible be born, go bankrupt OK and effective perfect our country system, exit to prompting business failure, especially individual and industrial and commercial of an as solely invested as the individual enterprise exit will have positive effect. And the individual defeats those who produce a system to build, will force credit of careful development individual consumes financial orgnaization business, conduce to safety of credit of promotion finance orgnaization already, also conduce to avoid consumption of lead of excessive and exciting consumer.
Actually, there was a report early to say on January 22 this year, top people court is being driven come on stage to implement a law compulsively, drive build an individual to go bankrupt system, perfect business failure system, perfect system of associated credence chasten further, expedite relief channel. Nevertheless, also somebody is afraid, after the individual applies for to go bankrupt, need not use repay a debt? Can you affect the interest of creditor?
Courtyard of law of Chinese people university teachs Xu sunshine to point out, do not think to want to apply for to go bankrupt to be able to obtain riddance duty only, should not go bankrupt the individual more be equal at " escape useless " individual liabilities. He expresses, to can be being avoided duty debt, some countries stipulate with repaying partial debt serves as clearly avoid duty condition, some is right debtor is going bankrupt inside the period of time after the program is terminative (last normally 3-5 year) economic life undertakes limitative, adjust plan through the liability that fixes beforehand or pay off plan will adjust.
Qing Dynasty returns corpse company
The individual goes bankrupt besides, business failure exits a mechanism to also get attention fully. " plan " put forward, go bankrupt to according with wait for the state-owned company that quits a condition, each related side does not get an in any way its exit block up, prevent to form " corpse enterprise " . Must not pass violate compasses offer the means hold together such as governmental subsidy, loan " corpse enterprise " live, solve effectively state-owned " corpse enterprise " the problem that does not wish to exit. When state-owned company is exited, the creditor such as financial orgnaization must not ask the government is assumed exceed the liability of debt pay off besides contributive forehead.
The enterprise that market competition mechanism asks to will not accord with market game regulation is seasonable Qing Dynasty gives the market, market main body is metabolic, have exit ability to have energy. Finance of country of the Chinese Academy of Social Sciences and Zhang Xiaojing of development lab vice director think, look from absolute level, load of state-owend enterprise debt as before heavier, take debt of department of blame banking company 6 into the left and right sides. If our country can recombine through going bankrupt,had handled " corpse enterprise " , can make company department leverage drops probably 6 percent left and right sides.
Nevertheless, to a few local government, clear corpse enterprise still is put in block up. "A characteristic of corpse enterprise is somebody gives it give aid and support, basically be a government the loan that using a bank gives corpse enterprise give aid and support, so corpse enterprise and government, bank is contacted together. " chief researcher Li Jin says Chinese enterprise academy.
Introduction Xiao Yimin weighs researcher of courtyard of division of Hunan Province company, enterprise of a lot of corpse is centered in steely, coal to wait produce can serious superfluous industry, but a lot of local government do not make corpse enterprise dead, no more than is to solve local obtain employment and taxation.
By 2018, hair change appoint waited for much branch to release " good about be being done further " corpse enterprise " reach go producing can company debt deals with working announcement " , put forward clearly among them, should be in finished before the bottom 2020 deal with entirely the job. Accord with go bankrupt liquidate a condition " corpse enterprise " , should go bankrupt stoutly liquidation.
"The existence of corpse enterprise, waste the resource such as workshop, equipment, land not only, other capital also flows not to rise, this itself caused the prediction of a person's luck in a given year of state-owned asset. " Li Jin says.
Have enter? Have exit
With day, national hair changes appoint hold a press conference, spokesman Introduction Meng Wei says, " plan " invalid market main body exits small to be being done away with effectively effect difficult problem, drive small effect invalid market main body is exited, made arrangement of comprehensive system sex.
According to introducing, market main body exits cent to be two kinds, one kind shows according to of market main body is legal program and statutory requirement, after the course registers mechanism approve, lose management qualification and main body qualification, exit the market thereby; Another kind shows the government configures social natural resources for effective ground, prevent the market to compete without foreword, raise economy to run efficiency, through specific administration director office approve is mixed cancel, revoke, enter guild regulations to make to exiting the main body qualification of the market.
Xu sunshine points out, the market is exited like market admittance, it is the indispensable component in market economic system. Method of our country active company, go bankrupt in the legal laws and regulations such as the law and policy document, exited a problem to make corresponding standard to market main body from different point of view and level, but still be put in a few crucial systems be short of break, legal laws and regulations and policy are short of rare effect to join to exist even conflict and contradictory place.
As admittance of our country market of system of negative detailed list execute in the round, market admittance system is perfected gradually, meanwhile, the compose that exits a mechanism builds extremely urgent. Introduction Meng Wei says, in the process that market of current our country exits practice, outstanding issue is the channel that main body exits is illogical the measure of diseased, form a complete set does not perfect the mechanism of free, incentive tie, the cost that exit is higher. Bring about those who exit on the low side of main body scale, affected the play of market mechanism action, also go against the effective configuration that realizes resource.
Commercialize debt to turn as the important step that optimizes resource configuration, developing effectiveness gradually. With day, hair change appoint the data that publish shows, up to this year on June 30, commercialize debt to turn an autograph make an appointment with amount make an appointment with 2.4 trillion yuan, reach the designated position actually amount achieves 1 trillion yuan, capital reachs the designated position rate promotion arrives 41.5% , involve capital fund many 200 company with indebted higher rate. Among them, since this year, commercialize debt to turn add an autograph newly to make an appointment with amount make an appointment with 390 billion yuan, add be born amount newly to make an appointment with 380 billion yuan.
