当前,有很多企业由于经营不善,致使到期债务无法偿还,酿成纠纷,有的还造成较为严重的社会问题。如何有效平和的解决这些棘手的问题呢!有人认为市场经济是法制经济,纠纷解决可以依靠司法程序解决,到期不能还债,应视为破产,可以按破产程序采用以物抵款或拍卖筹资干净利落的予以解决。我认为上述办法不失为一种办法,在高度发达的市场经济社会,作为最后的解决办法,是可行的,也是必要的。但却不是最好的和唯一的办法。如果不是孤立静止的看待它,而是从更广的社会范围,发展的去认真认识分析,就会发现,合理置换债权、债务和股权就是一种比较好的解决办法。第一,就经营不善到期不能偿还债务企业而言,其原因是多方面的,但是企业的生产力的构成要素是比较齐全的。如果能够对症下药,稍加投入,就能充分发挥现有生产要素的使用价值,形成创造市场财富的物质力量——生产力。第二,在宏观经济政策偏紧,意欲调整产业、产品结构,转变经济增长方式,而导致市场竞争异常激烈的情况下,也必然存在着一批名优特企业急于扩大规模抢占市场,这些企业之所以名优特往往就是因为其生产要素中的一二项名优要素所产生,与同 At present, due to poor management, many companies are unable to repay due debts, causing disputes, and some also cause more serious social problems. How to solve these difficult issues effectively and peacefully! Some people think that the market economy is a legal economy, dispute resolution can rely on judicial procedures to resolve, can not be repaid due, it should be considered bankruptcy, can be used to bankruptcy procedures to pay off or auction to clean Neatly solve it. I think that the above measures are a method. In a highly developed market economy and society, it is feasible and necessary as a final solution. But it is not the best and only way. If you do not look at it in an isolated and static way, but develop it from a broader perspective of society, you will find that a reasonable replacement of creditor’s rights, debt and equity is a better solution. First, for reasons of unsatisfactory management due to the failure to pay off debt, the reasons for this are various, but the constituent elements of the company’s productivity are relatively complete. If you can prescribe the right medicine and invest a little, you will be able to give full play to the value of use of the existing production factors and create a material force that creates market wealth—productivity. Second, under the circumstance of tight macroeconomic policies, an attempt to adjust the industry and product structure, and transforming the mode of economic growth, resulting in extremely fierce market competition, there must also be a group of elite enterprises that are eager to expand their scale to seize the market. Therefore, famous brands are often produced because of one or two famous elements in their production factors.