Change for correct cognizance and enterprise make relevant civil dispute case, basis " general rule of civil code of People's Republic of China " , " company law of People's Republic of China " , " law of enterprises of industry of system of ownership of the whole people of People's Republic of China " , " contract law of People's Republic of China " , " code of civil law of People's Republic of China " the regulation that waits for law, code, union tries practice, the 1259th meeting of committee of trial of top people court was passed on December 3, 2002 " top people court changes about cognizance and enterprise make case of relevant and civil dispute the regulation of a certain number of problems " judicatory explanation, this judicatory explains and already began to carry out on Feburary 1, 2003.
This judicatory explanation changes the specific issue that in restricting practice, appears to make in the light of our country enterprise, will become the important legal basis that company of a stepped treating will change the dispute over obligation in controlling a process and lawsuit henceforth. Look from content, this regulation is one holds a substance concurrently sexual standard and program sex standard are aimed at an enterprise technically to change the omnibus normative sex that makes relevant suit opinion. What program share basically sets is this kind of case those who get principal part of case limits, lawsuit is affirmatory wait for content; What hypostatic part basically sets is to change the effectiveness that makes conduct to affirm, the bequeath that is changed to control a company, omit debt assume principle and escape the belongings responsibility of debt behavior.
One, highest courtyard passes " top people court changes about cognizance and enterprise make case of relevant and civil dispute the regulation of a certain number of problems " solving an enterprise to correct the important and hypostatic problem in making suit while, also changed the program problem in making suit to make regulation and clear.
1. In suffer on case limits, this regulation makes clear people court to hear the civil dispute case that in company property right the system transforms medium happening between equal and civil main body, include: Company company makes collaboration of stock of the civil issue that in transforming, produces, company make component of the civil issue that in transforming, produces, company creditor's rights of the civil issue that medium happening, company turns equity issue, enterprise sells a contract dispute of contract of annex of dispute, enterprise. These dispute have main body equality gender, freewill sex, equivalence is paid the civil law such as the gender is characteristic, have consequently can appeal to a gender.
But be in charge of a branch to undertake in state-owned to the enterprise asset administrative sex is adjusted to the government, delimit turn happen in the process dispute, party (the direct and opposite person that shows governmental administration action is pointed to) mention to people court of civil suit, people court does not grant to accept. This kind of dispute results from government organization (administrative principal part) the enterprise with its subordinate (opposite person) between with respect to state-owned asset the reapportion inside system of state-owned capital operation, effectiveness problem that adjusts behavior generates controversy, as a result of the identity imparity of controversy both sides, and controversy belongs to administrative controversy, because this answers,try to solve by administrative program. " top people court turns about because the government is adjusted,delimiting the give an official that whether the issue that state-owned asset poses the enterprise hears an issue " in court of clear also people does not grant to accept to this kind of case. State-owned asset management board was released 1998 " the announcement that concerns policy issue about job of mediate of dispute of state-owned assets property right " the mediate job that is dispute of state-owned assets property right provided a basis. So, solve an enterprise to change make dispute should make clear controversy above all each square main body identity and controversy property, inspect a circumstance to enter administrative program or civil proceeding next.
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