Policy sex is shut go bankrupt do not eliminate of course after cancel after verification of creditor's rights of the finance in the case, assure responsibility also is not absolved of course
Copy clerk of judge of top people court
Finite liability company and Chinese letter amount to group of estate of Ningxia flourish constant branch of Ningxia Hui Autonomous Region of asset management Inc. assures contract dispute desk [top people court (2013) civilian 2 eventually word the 117th civil judgment]
Juridical argument: Shut in policy sex according to the State Council go bankrupt of creditor's rights of the finance in the case deal with the regulation of relevant file, the financial creditor's rights of bank or asset management company is OK basis policy layer signs up for cancel after verification. The creditor's rights of orgnaization of finance of hind of cancel after verification is not eliminated of course, as from debt assure responsibility also is not absolved of course.
Top people court thinks: The financial creditor's rights that puts forward about company of security flourish constant is shut in policy sex go bankrupt the problem of cancel after verification of creditor's rights of the finance in the case. Flourish constant company thinks, shut in policy sex according to the State Council go bankrupt of creditor's rights of the finance in the case deal with the regulation of relevant file, the financial creditor's rights of bank or asset management company is OK basis policy layer signs up for cancel after verification, the creditor's rights of orgnaization of the finance after cancel after verification is attributed to eliminate, eliminate from debt, security is avoided duty. This case basically is involved the following file of sex of two relevant policy, namely the country sends 1994 〕 of 〔 59 " the announcement that the State Council concerns an issue about state-owned business failure is being executed in a certain number of cities " , 2005 〕 of 〔 of gold of money of Ministry of finance 50 " cancel after verification of financial company bad debt runs way " . The country sends 1994 〕 of 〔 59 files set " an enterprise is offerred for another enterprise assure, after business failure be assuringed, assure enterprise ought to according to assure the contract is assumed assure responsibility. But, countervail debt time limit is OK by assure enterprise and the creditor of enterprise be assuringed talk things over affirmatory " . 50 files set 2005 〕 of 〔 of gold of money of Ministry of finance the 23rd times " financial company is right already the bad debt of cancel after verification continues to reserve recovered right, right already outside watch of the bad debt of cancel after verification, loan answer after receivable accrual and cancel after verification plan accrual continues to urge close " . According to afore-mentioned two files spirit, security assures about absolving 2.8 million yuan to reach accrual the reason of responsibility cannot hold water, should grant to reject lawfully.
-- top people court is civil try the 2nd front courtyard to make up: " issue of trade of top people court tries directive case (2014) " , press of Chinese democratic legal system 2015 edition, 776 pages of the 765th ～ .
Chemical industry of agency of Urumqi of company of management of asset of Chinese Great Wall and Xinjiang Kunlun Inc. , Xinjiang (group) finite liability company, Xinjiang changes chemical fertilizer newly borrow or lend money of finite liability company assures issue desk [top people court (2009) civilian 2 eventually word the 28th civil judgment]
Top people court thinks: " undesirable creditor's rights makes over summary " accept a problem to make special provision to this kind of case, clear " creditor is shut to the sex of countrywide company policy that already included classics the State Council approval go bankrupt overall planning plans to carry out those who shut the state-owned company debtor that go bankrupt to hold pay off debt " , people court does not grant to accept. According to " undesirable creditor's rights makes over summary " spirit, creditor goes bankrupt to including policy sex to shut the case that the state-owned company of limits is debtor, people court does not grant to accept. Basis " code of civil law (2007) " the 108th regulation, party sues the limits that must belong to people court to hear civil suit. Accordingly, city of black of Great Wall company does a cause of pair of Kunlun companies to not agree with the regulation of lawful law and judicatory policy, first trial court is made lawfully reject prosecution ruling and do not have undeserved, this academy gives maintain. " undesirable creditor's rights makes over summary " go bankrupt in the light of sex of policy be includinged only the case that enterprise debtor regards the accused as, people court does not grant to accept make a provision, do not eliminate creditor to be opposite the case of relevant security to lodge a complaint. In the meantime, of security assure responsibility also not because of advocate debtor is entered go bankrupt program and absolve of course. Policy sex goes bankrupt the debt of the enterprise is given by creditor's rights bank as the slow-witted bad Zhang that drafts cancel after verification cancel after verification, department banking company goes broke according to national policy sex to slow-witted bad Zhang the special finance affairs that carries out handles way, because this is brought about,do not assure namely from debt law concerns eliminate, to assuring debt still should set according to law and contract agreement assumes security corresponding responsibility. Accordingly, city of Great Wall black does to change a cause of the company newly to group of security chemical industry and security to accord with " code of civil law " concern a provision with what accept about sueing, also not with " undesirable creditor's rights makes over summary " with relevant policy afoul, its accuse authority merit law is protected.
-- top people court is civil try the 2nd front courtyard to make up: " adjudgement of issue of trade of top people court coachs case · loan assures roll " , press of Chinese legal system 2011 edition, 374 pages of the 371st ～ .
" viewpoint of administration of justice of top people court is compositive (make up newly edition) · trade issue coils IV " number of viewpoint of the 2494th page 1339
