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目前,一些股份制企业因缺乏优秀的管理存在着亏损现象,这种因股东之间对亏损的成因及亏损的承担上发生争议,引发的纠纷,就是股份制企业经营亏损纠纷.笔者现就对此类纠纷的处理原则谈一些认识.1.避免倒闭原则所谓“避免倒闭原则”是指人民法院在处理这种纠纷时,采取慎重的态度,从有利于企业继续存在及发展出发,在查明事实、制裁责任过错行为的前提下,尽量不使企业的股份及企业的财产拆解,避免企业倒闭.发展股份制企业,这是我国企业体制改革的新生事物,由于刚刚偿试,经验不足,有些股份制企业确实没有摸到一条很好的管理之路,所以出现了亏损.但是我们不能因为出现这种亏损纠纷,就否定股份制企业的生命力,处理上采取消极的方法,如果这样做,就不
At present, some joint-stock enterprises are in deficit due to the lack of excellent management, which is caused by disputes between shareholders over the causes of losses and the assumption of losses. The disputes that have arisen are those in which the joint-stock enterprises run losses. The principle of avoiding the bankruptcy The so-called “principle of avoiding the bankruptcy” refers to the people’s court in handling such disputes, take a cautious approach, starting from conducive to the continued existence and development of enterprises, to identify the facts, Under the precondition of sanctioning the responsibility and wrongdoing, try not to disassemble the shares of the enterprises and the property of the enterprises and avoid the bankruptcy of the enterprises.Developing the joint-stock enterprises is a new thing in the reform of the enterprise system in our country. Due to the just trial and inexperience, some joint-stock enterprises Indeed did not touch a good management of the road, so there has been a loss, but we can not because of such a loss of disputes, to deny the vitality of joint-stock enterprises, to deal with the negative approach, if you do so, not