To processing " corpse enterprise " advantage, yin Xiuchao tells 21 centuries economy reports a reporter, "Such ' corpse enterprise ' cannot have yielded benefit, cost cost to undertake maintenance to its person, money, content even instead. Especially some state-owned companies have certain administration level, deploy the cadre of corresponding level even, the member that cause a person is wasteful. The member that cause a person is wasteful..
Border Beijing ZhongGuanCun (000931) , blatant north on 3 annulus edge, one is in quiet courtyard. This place courtyard belongs to company of group of industry of aviation of China of center look forward to, byte beats perch of headquarters of company whole world is carried at courtyard north, the young employee of Internet new tycoon people come in and go out here.
But the others hush of courtyard reachs strange, having the huge old factory building of a few years of histories, sticking a paper strip for sealing with the office building on the side.
On March 20, the property company staff that is in charge of safeguarding tells 21 centuries economy reports a reporter, "These workshop are not done at present use, also do not rent external, await whole garden area to unite program program be born. Await whole garden area to unite program program be born..
Chinese aviation is airborne facility head office (next weighing " airborne equipment head office " ) register the ground to be in this courtyard. Enterprise of head of this country word is registered held water 1989, ever witnessed industry of our country aviation commercialize development, but be attributed to one paper market to register record only nowadays in.
Personage of head office of adjacent and airborne equipment tells a reporter, the company already stopped to manage nearly 10 years, be a be worthy of the name " corpse enterprise " .
This year on January 30, beijing goes bankrupt the court uncovers a card to hold water. On Feburary 15, beijing goes bankrupt judicial ruling hears the first case after hanging out one's shingle, go bankrupt the object of liquidation is airborne equipment head office.
" Chinese court signs up for " the report says, this case is to carry out fulfil in the center of about pushing state-owned company " thin body be good at body " the working deploy that carries qualitative synergism, cooperate actively to end look forward to is begun " reduce government layer class, reduce legal person door to count " the job, service capital economy grows the specific act of overall situation.
Afore-mentioned personages introduce, airborne equipment head office already was liquidated by oneself before this old, but fail from beginning to end " die a natural death " . In reform of sex of structure of side of this round of supply, go bankrupt lawfully become a Qing Dynasty " corpse enterprise " important way, this makes the insolvency of airborne equipment head office liquidates an example that makes thin body of center look forward to.
From brilliant arrive downfallen
Airborne equipment head office compares Chinese aviation group of its industry of parent company aviation is born earlier even. Go up century 80 time, the aerospace industry ministry at that time begins to undertake the industry is reformed, introduce modern corporation to administer a framework, established a series of specializationing company, airborne equipment head office is namely among them one of, come out together still company of imports and exports of aviation engine head office, aviation waits.
After this, rapid development is airborne equipment head office company of sex of a large group. Personages of afore-mentioned head office of adjacent and airborne equipment tell 21 centuries economy reports a reporter, arrive on century at the beginning of 90 time, head office already set 6 major to design institute and a few factories, company, have ten workers.
Plane of the fighter plane that head office is assuming all our country development to produce, bomber, transport, helicopter, train, scout, aeroboat and each system that all sorts of professional planes equip, device is mixed the task of form a complete set of yuan of component.
At that time, aerospace industry already put forward " the army and the people is united in wedlock " working guiding principle. Development of airborne equipment head office produced machine of equipment of whole set automation, project component of hydraulic pressure component, car, grind hold the civil equipment such as the car and product in the palm.
Meantime is worth " legionary tolerance period " . 1985, deng Xiaoping emphasizes on enlarged meeting of centrally the Central Military Commission: "Military equipment is truly modern, only national economy built better base ability is possible. So, we want tolerance a few years. We want tolerance a few years..
Wu Xiandong of vise general manager of aviation industry group was in on December 25, 2018 " Chinese aviation signs up for " write civil memory to say, support minibus, autocycle, freezer, air conditioning all sorts of look today " of not attend to one's proper works or duties civilian article " , we " weather " acting 1980, acting 1990 20 old " legionary tolerance period " , lived to come down.
But the group sex company that grows too quickly as, airborne equipment head office also fadein exhausted condition. Afore-mentioned personages point out, after acting 1990 metaphase, because business distribution is more dispersive, affected investment of airborne equipment research and development, the production technology of head office also is shown backward, technology of a few processing still stays at proposing factory standard.
"The function of this and state-owned company is relative also, for instance project of production of a fittings is to be a bigger project form a complete set, know to affirm can deficient money when mount a horse, but still want to do. Additional, to carry whole project stabilize continuously, some product line also cannot resemble civilian battalion company special in that way and agile ground changed. " he says.
Serious endowment not pay a debt in kind or by labour
Enter 21 centuries, airborne equipment head office begins to be in debt.
Beijing goes bankrupt the court accepts airborne equipment head office to go bankrupt after liquidation proposal, via preliminary count, this company is in debt external amount to 61.78 million yuan, be enforced to carry out by courtyard of much domestic discipline exercised by the head of a feudal household,
"The indebted dimensions of level of a few ten million is going bankrupt do not calculate in the case big, the debt situation of state-owned company is put in a few bright characteristics, for instance financial orgnaization creditor's rights occupies bigger, very few folk leasehold etc. " on March 20, beijing becomes attorney office greatly Yin Xiuchao says senior partner.
The book of a ruling that 21 centuries economy reports to the reporter gets shows, airborne equipment head office has brushstroke " the history is long " loan debt. When 2000, 2 quadrangle are opposite Beijing brushstroke Bank of China (the loan dispute of 601988) Beijing branch and airborne equipment head office enters a judgement, after this, this creditor's rights was made over 3 times between different asset management company, but till 2014, still have 3.92 million multivariate fail to repay.
Notable is, another the accused in this case is the head office of technology of Chinese aviation industry that is subsidiary of aviation industry group together. On Feburary 21, namely Beijing goes bankrupt after the court accepts airborne equipment head office to go bankrupt 6 days, the insolvency of technology head office liquidates application to also be accepted.
Another creditor of airborne equipment head office is northerly Beijing goes bankrupt the company of instrument of Beijing high official position that the court offers to liquidate application, in fact, this also is the company inside system of group of an aviation industry.
According to forensic ruling, airborne equipment head office owes company of instrument of high official position 8.22 million yuan, after this head office compensates for building of the one office inside its courtyard three million eight hundred and thirty thousand five hundred yuan with assessing value partial debt, residual liability still did not repay up to now. Airborne equipment head office is declaring level at creditor's rights at present, will hold meeting of first time creditor on March 29, at the appointed time debt complete picture or will clear.
To processing " corpse enterprise " advantage, yin Xiuchao tells 21 centuries economy reports a reporter, "Such ' corpse enterprise ' cannot have yielded benefit, cost cost to undertake maintenance to its person, money, content even instead. Especially some state-owned companies have certain administration level, deploy the cadre of corresponding level even, the member that cause a person is wasteful. The member that cause a person is wasteful..
"Next, ' corpse enterprise ' still can take up resource. These debt exist all the time, can affect the balance sheet of the parent company, the capital fund that creates a parent company is indebted rate is higher, affect the market reputation of parent company and related company then, affect parent company financing even, some still can affect chief is assessed. " he says.
Go bankrupt put on record is bad
On May 18, 2016, standing conference discusses the State Council through " central enterprise deepens reform thin body program of work of be good at body " . With 3 years time deals with in subsidiary of center look forward to 345 large and medium-sized " corpse enterprise " . Make majority ends class of layer of management of look forward to compresses unit of 3-4 class less than, legal person to decrease 20% the left and right sides.
Airborne equipment head office is in enter right now clear eye shot, but the road of liquidation begins not successful. Wu Xiandong of vise general manager of aviation industry group wrote civil introduction last year: Recently, we hold systematic limited company in the flight in establishing while, still be in cancel what held water 1989 to put add Chinese aviation of nearly 30 years is airborne facility head office, the labyrinthian hardship of reform from this but catch a glimpse of.
Public report says, the company ruptures because of capital catenary enter deficit operation state, chinese aviation is airborne facility head office 2010 around stops to manage, do not have core technology product at present, without production and competitive ability, management mode is serious lag expands demand at the market.
"Some companies can be liquidated by oneself actually, such time fast, cost is low, but the obstacle is faced however in be being operated actually. " Yin Xiuchao says.
The greatest difficulty is liquidate enterprise endowment when discovery not pay a debt in kind or by labour, accord with no longer industrial and commercial the case that cancel, after must be being liquidated through going bankrupt, cancel. Personages of afore-mentioned head office of adjacent and airborne equipment introduce, head office discovers in applying for to cancel a course already endowment not pay a debt in kind or by labour, turn then and seek go bankrupt liquidation, but fail to obtain a court to accept however in the begining.
Our country " business failure law " applied 2007, but after this is quite long, countrywide court accepts every year go bankrupt the case has more than 2000 only. Go bankrupt case put on record is bad become dissolve " corpse enterprise " one catastrophe problem.
The reform of sex of supply side structure that promotes since 2015 brought policy driving force of revolution. On July 28, 2016, top people court allots " the announcement that about going bankrupt case put on record hears concerned issue " .
The insolvency that held on September 13, 2016 tries working survey informal discussion to go up, careful of top magic art holds the post of when appoint say of Du Mohua of meeting full-time committee member, "In light of current condition, countrywide enterprise is accorded with go bankrupt code decides a condition, should undertake bankrupt of put on record a lot of, but a lot of enterprises were blocked to be besides forensic gate. The cause that creates this one appearance basically is the concern of each district court to force of dimension stabilized voltage. The cause that creates this one appearance basically is the concern of each district court to force of dimension stabilized voltage..
"Go bankrupt to according with the insolvency of condition of put on record applies for, local court refuses put on record, discovery is reported one case to the whole nation together. We should put an end to intended nonfeasance phenomenon stoutly. " he says.
V/arc find it difficult to do sth of experience duty barrier is solved
Although enter,go bankrupt program, also put in mechanism sex barrier. For instance the company goes market superintendency department is dealt with when cancelling, the clear tax that needs to refer a tax authority to issue proves material, if the existence on business history owes tax, obtain clear duty proof hard, cannot deal with by oneself thereby cancel.
In addition, "Duty Wu branch asks the enterprise declares dutiable goods regularly, want to be punished by administration otherwise, it is normal to be labelled to be not door. The program sex of this rigid asks, make a few those who note coincide plan is state-owned ' corpse enterprise ' although be managed no longer, still also want to arrange personnel to declare dutiable goods regularly, cancel with respect to liquidation of meeting block up otherwise. " Beijing becomes Hu Zhiping of attorney office solicitor to say greatly.
Although duty Wu obstacle is going bankrupt still also exist in the program. Recently, jiangsu saves governor of Wu Jiang court, Zhejiang to promoted a court to release business failure to try investigation report respectively, happen to coincide the ground points out go bankrupt obstacle of duty of the experience in adjudgement is outstanding and unintelligible definitely.
Wu Jiang court 2018 year go broke rule the report points out, accept go bankrupt before application, it is normal to debtor declares pay taxes because of pressing a regulation more and be included to be not door. Enter go bankrupt after the program, debtor can not fulfil ending contract because of fulfilling, continue to do business, deal with go bankrupt the duty to pay taxes with the new generation such as belongings, open corresponding bill. But because the enterprise is in special a condition, the tax authority suspends its bill getting those who buy book and bill to use, cause administrative person to cannot open bill.
The report points out, administrative person take-overs go bankrupt enterprise hind is theoretic it is normal to can apply for to restore to be a condition, but the regulation according to the tax authority, administrative person must is opposite first special a processing of behavior of illegal violate the rules and regulations that exceed the time limit declares end, after capture Qing Dynasty fines, it is normal that ability restores to be a condition, and the basis sets related the supreme court, the amerce of the executive authority is not belonged to go bankrupt creditor's rights, the problem is immersed in from this " fast knot " .
This " fast knot " go bankrupt namely enterprise must get on amerce capture first, but go bankrupt,the enterprise often has done not have capital. Zhejiang province goes bankrupt judicial judge tells a reporter, "Put in the court to had been made even go bankrupt to rule terminatively, but because do not have clear duty proof, go bankrupt the enterprise still cannot be cancelled in time. Go bankrupt the enterprise still cannot be cancelled in time..
Will 3 years end look forward to " thin body " remarkable
Go bankrupt to the state-owend enterprise for liquidation, the mainest job is personnel finds a place for and Zhang book archives clears. And this at 2 o'clock, deal with relatively smoothly in airborne equipment head office.
"Before this case applies for to the court, had formed personnel to find a place for plan, and had found a place for personnel almost. Although had moved the home a few times, airborne equipment head office material of Zhang book, archives keeps more comprehensive also. " the Hu Zhiping's lawyer that shared this record tells 21 centuries economy reports a reporter.
Group of industry of aviation of this profit from on certain level established technical asset management company. 2010, in management of boat north asset (Beijing) limited company holds water, asset of subject Yu Zhonghang runs limited company. Government-owned network news shows, north endowment provides the function of the company, include to do good group company to come off the job such as the reception of asset, management.
"The personnel of airborne equipment head office is OK northwardly billabong of the company inside the system of endowment pipe company, or by north endowment pipe company raises fund undertake finding a place for. The personnel medical expenses of head office submits an expense account, Zhang book management also be by north endowment pipe company is in charge of, be similar to latter to be opposite former undertook mandatory. " personages of afore-mentioned head office of adjacent and airborne equipment say.
Write civil introduction according to Wu Xiandong, begin from 2016, aviation industry group cleared many 700 child enterprise, exited landed, coal, grain store the 20 many industries such as grain trade, forestry.
21 centuries economy reports a reporter to inquire discovery in website of case of reforming of countrywide business failure, 2016 up to now, already subsidiary of group of industry of much home aviation applies for to go bankrupt liquidation, spread all over and other places of Guizhou, Jiangsu, Heibei, Liaoning, Guangdong, Shaanxi, involve the many industries such as report of estate, manufacturing industry, wind, provide for the aged, computer.
In these enterprises, have a plenty of appear on the market the company accuses subsidiary, have a plenty of the subsidiary of the 4th class of subordinate of aviation industry group, it is company of share of the 4th class even. Some enterprises are initiative and devoted tremendous but but industrial wind direction changes direction, after some enterprises hold water, workshop returns unfinished labour to encounter joint-stock boss of civilian look forward to " miss " , cause a company " in fetal dead abdomen " .
"Want us to expand market economy only, want to have the law that adjusts in and out of market main body necessarily, and go bankrupt the law adjusts market main body namely ' piece bureau ' law. Market main body no matter individual or legal person or are not corporation and organization, uniform before the market equality, suffer similar pattern and law to adjust. " Shang Wei of professor of courtyard of law of Chinese people university is built say.
Besides liquidation, go bankrupt reforming system also can help a company " bring the dying back to life " . Shandong saves Zi rich quadrangle to released a message to say in November 2017, those who be located at Zi rich high new developed area is medium boat titanium course of study is limited company, medium boat 3 forest aluminous course of study limited company, assured each other as a result of loan of the bank between affiliated enterprise 2015 occurrence risk, bring about capital catenary to rupture, enter reforming order. In July 2016, issue recruit announcement through platform of information of case of reforming of countrywide business failure, found the investor that wishs of purpose.
"Go bankrupt system to going bankrupt the person is executed go bankrupt reconcile with go bankrupt reforming, the power that uses judicatory and society saves sink to go bankrupt in tandem jointly the debtor of condition, make can rally, restore business ability. " Shang Wei is built tell a reporter.
