“债转股”的法律障碍及对策

The Law Obstacles and Countermeasure about Transforming Claims into Shares

“债转股”作为一种化解银行不良债权的一种措施,风险较小,但实施难度较大。我国实施“债转股”以来,效果不是很好,这既有实践中贯彻的问题,更有法律上的障碍。本文分析了“债转股”在法律上的诸多障碍,然后提出了自己的一些对策,诸如:建立债权转让市场、允许以债权出资、制定资产管理公司特别法、降低上市标准等。

As a measure to solve the problem of great amount of bad claims, the policy transforming claims into shares, has little risk but big difficulty in carrying out. The effect of this policy is not so good as expected up to now, because, we think, there are legal obstacles rather than clumsiness in practice. The authors of this article give points of the obstacles, and then put forward their proposal, such as: constructing market system to transfer bad claims, allowing investor invest with claims, legislate the special law of capital management company and so on.