国有企业以租赁合资逃废金融债务的法律规制

Rules and Restrictions of State-Owned Enterprises Escaping the Financial Obligation by Leasing or Joint Investment

国有企业利用租赁、合资改制方式逃废债是一种较新的形式。逃废债屡禁不止并恶性蔓延,严重损害了金融机构等债权人的利益。其法律规制应为:强化债权人的知情权、异议权;赋予债权人认可权、选择权;举证责任倒置;追究逃废债务的个人责任。

It is a kind of newer form that state-owned enterprises make use of the leasing, joint investment to escape the financial obligation. Escaping the financial obligation is not only forbidden but also spread viciously and it seriously injures the benefits of many creditors such as financial institutions etc. The main rules and restrictions are to enhance the right of know, gift the right of approbation and option, set upside down the responsibility of offering proofs and to pursue the personal responsibility in the process of escaping the financial obligation.