论关联交易中从属公司债权人的法律保护

On the legal protection of the creditors of subsidiary company in affiliated transaction

关联交易中,从属公司债权人的保护问题已引起普遍重视。目前,我国立法对该问题的规定存在不足,不利于规范公司间关联交易行为,保护从属债权人的合法权益。因此,需要借鉴其他国家和地区的先进经验,从《公司法》和《企业破产法》两个方面进行完善。

The problem of protecting the creditors of subsidiary company in the process of affiliated transaction has drew widespread attention.At present,the legislature of China on this issue is far away from perfect,which is harmful to not only the standardization of affiliated transaction between companies, but also the protection of rights of creditors.Therefore, it is necessary to learn experiences from the developed countries and regions,and to improve from both Company Law of the People＇s Republic of China and Enterprise Bankruptcy Law of the People＇s Republic of China as well.