Research on the Bankruptcy Ability of Rural Collective Economic Organizations From the Perspective of Functional Evolution of Bankruptcy  

作　　者：HAN Ning 

机构地区：[1]University of International Business and Economics,Beijing,China Henan Agricultural University,Zhengzhou,China

出　　处：《US-China Law Review》2023年第6期261-271,共11页美中法律评论（英文版）

摘　　要：Concerns that the bankruptcy of rural collective economic organizations may negatively impact the development and growth of the rural collective economy or even threaten the socialist public ownership system in China’s rural areas often stem from a misunderstanding of the function of bankruptcy. Such misunderstanding dwells upon the function of bankruptcy in its initial stage. Bankruptcy is merely a means of settling credits and debts. When viewed from the functional evolution of bankruptcy, undergoing bankruptcy proceedings is not equated with the termination of legal subject status, nor would it pose any threat to China’s rural socialist public ownership system. Provided that the market subject status of rural collective economic organizations is established, and their profit-oriented attributes are recognized, the bankruptcy mechanism offers a means and method for these organizations to resolve debt crises in times of financial distress, thereby assisting them in fulfilling their economic responsibilities. Denying the bankruptcy ability of rural collective economic organizations may seem protective, but in reality, it is detrimental.

关 键 词：rural collective economic organizations market subjects collective economy bankruptcy function bankruptcy ability 

分 类 号：O57[理学—粒子物理与原子核物理]