《破产法》颁布已经五年了，其间法院受理的破产案已近千起，但处理后各方称道堪作示范的似属凤毛麟角。人们普遍感到破产案件处理的难度大，后遗症多，一个突出的问题，同时也是破产法立法和执法中的一个核心问题，是如何确立破产企业与债权人权益的合理界限，正确处理双方关 It has been five years since the Bankruptcy Law was promulgated. Nearly a thousand bankruptcy cases have been accepted by the courts during the course of the bankruptcy act. However, after the deal, all parties claim to be exemplary can hardly be regarded as extremely rare. It is generally felt that bankruptcy cases are difficult to handle and have many sequelae. A prominent issue is also a core issue in the legislation and enforcement of bankruptcy laws. It is a matter of how to establish a reasonable limit between the interests of bankrupt enterprises and their creditors and correctly handle disputes between the two sides