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不良债权处置是上市企业一种高效、经济的资产处置模式,对我国社会主义市场经济的稳健发展有着十分重要意义。随着上市企业不良债权处置而诱发的经济纠纷持续增多,此类问题因其社会影响广泛而引起学术界广泛关注。通过梳理中国华融资产管理股份有限公司浙江省分公司处置上市企业不良债权的脉络,本文分析了国内上市企业不良债权处置过程中存在的法律风险,并据此提出防范上市企业不良债权处置风险的法律策略,即建立上市企业不良债权处置的法律观念、健全上市企业不良债权处置法律风险防御系统、完善上市企业不良债权处置的法律机制、设定上市企业不良债权处置追责机制。
The disposal of distressed debt is a highly efficient and economical asset disposal model for listed companies, which is of great significance to the steady development of China’s socialist market economy. With the distress of listed companies, the economic disputes caused by the disposal of non-performing loans continue to increase. Such problems have aroused widespread academic attention due to their wide social impact. This paper analyzes the legal risks existing in the disposal of distressed claims of listed companies in China by combing the context of the disposal of distressed claims of listed companies by China Huarong Asset Management Co., Ltd. Zhejiang Branch, and proposes the measures to prevent the risks of disposal of distressed claims of listed companies The legal strategy is to establish the legal concept of disposal of bad debts in listed companies, improve the legal risk defense system of distressed debt of listed companies, improve the legal mechanism of disposal of bad debts in listed companies, and set up the responsibility system of disposal of bad debts in listed companies.