一个在中国注册资本为5亿元人民币的外商独资企业,经营不善停产后,以资不抵债为由向法院申请破产。法院受理其破产申请后,指定了破产管理人,进入破产清算程序。破产管理人在清算过程中发现:该企业的股东总计只向企业注资了3亿元人民币,还欠2亿元注册资金未能缴付。为此,破产管理人拟通过诉讼的方式追缴其股东不到位的出资,以增加破产财产的数额,使债权人能够得到较多的清偿。考虑到中国和该股东所在国之间无互相承认与执行的司法协定,如其先在中国法院起诉该股东,然后再到外国法院去申请判决的承认和执行,不如直接在该股东所在国的法院对其提起诉讼。这样,可减少一道诉讼程序加快破产进程,也能防止该股东利用 A wholly foreign-owned enterprise with a registered capital of 500 million yuan in China filed an application for bankruptcy on the ground that it failed to pay off its debts due to poor management. After the court accepted its bankruptcy application, it designated the bankruptcy administrator and went into bankruptcy and liquidation proceedings. During the liquidation process, the bankruptcy administrator found that the shareholders of the enterprise only made a total of 300 million yuan to the enterprises and owed 200 million yuan to make up for the registered capital. To this end, the insolvency representative intends to sue the shareholders by way of litigation to raise funds in order to increase the amount of bankruptcy property so that creditors can get more liquidation. Taking into account that there is no judicial agreement between China and the country in which the shareholder is recognized and enforced, if it first sues the shareholder in a Chinese court and then goes to a foreign court to apply for the recognition and enforcement of the judgment, it may be better for the court directly in the country where the shareholder is located It filed a lawsuit. In this way, a litigation process can be streamlined to speed up the bankruptcy process and prevent the shareholder from using it