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多种迹象显示,刚刚走过十年成长期的中国证券市场今年将在建立退市机制上有大动作。自郑百文因巨额亏损而被信达资产管理公司要求破产的信息在媒体披露后,上市公司破产问题在我国引起各界人士的强烈关注。与一般的公司企业相比,上市公司不仅股份分散、股东人数众多,而且在法人治理结构和债务构成上更为复杂。一家上市公司破产将涉及千家万户的切身利益,这对立法形成极大挑战,在这方面国外有许多成功经验值得我们研究和借鉴。一、国外上市公司破产的法律程序 (一)破产申请和破产管辖
There are many signs that the stock market in China, which has just passed the 10-year growth period, will have a big move this year in setting up a delisting mechanism. Since Zheng Baiwen was huge loss by Cinda asset management company bankruptcy information disclosure in the media, the bankruptcy of listed companies in our country caused great concern from all walks of life. Compared with the common corporate enterprises, the listed companies not only have decentralized shares, large number of shareholders, but also more complicated corporate governance structure and debt composition. The bankruptcy of a listed company will involve the immediate interests of millions of households, which poses a great challenge to legislation. In this regard, many successful overseas experiences deserve our study and reference. First, the legal proceedings of the bankruptcy of foreign listed companies (A) bankruptcy applications and bankruptcy jurisdiction