防范关联交易风险 保护银行债权安全

Preventing Risks of Connected Transactions and Maintaining Security of Banking Creditors' Rights

随着关联企业这种企业联合体的产生与推广,关联交易已经渗透到经济生活的各个领域,并产生了深刻的影响。在肯定关联交易积极作用的同时,我们也应该注意到不正当关联交易给银行债权带来的潜在风险。例如,关联企业之间通过不正当的关联交易来转移资产、逃避债务,从而使银行债权落空的情况在中国屡见不鲜。因此,如何防范关联交易风险、维护银行债权安全就成为一个亟待解决的问题。在本文中,笔者着力研究了不正当关联交易给银行债权带来的危害及其成因,提出了防范关联交易风险、保护银行债权的对策,并对完善我国公司法提出了一些立法建议。

With the popularity of associated enterprises, connected transactions have made their ways into every aspect of economic life, having great impact on the economic fields. While recognizing the positive sides of related transactions, we should also be aware of potential threats to creditor's rights of bank resulting from illegal related transactions. It is not uncommon in China that these enterprises transfer assets and avoid debts through illegal related transactions. Thus creditor's rights of a bank are invalidated. Therefore, how to prevent the risks of related transactions and protect the creditor's rights of banks becomes an urgent task. In this paper, I probe into the damage of illegal connected transactions to bank creditors and their causes, put forward a good many countermeasures and finally make some suggestions on the improvement of the Law of Corporation of China.