从1994年开始起草,到2004年进入审议程序,新《企业破产法》已经走过了整整十年。 破产法搞了十年,并非是破产法律制度本身的设计问题,真正的原因在于破产法之外——社会保障、国有企业老大难问题、金融风险,等等。这就像是盖房子,本来只解决遮风挡雨和睡觉的的问题,现在却偏偏要求它乱解决温饱的能力。 From drafting in 1994 to entering the review process in 2004, the new Enterprise Bankruptcy Law has come a full decade. The bankruptcy law has been implemented for 10 years. It is not the design issue of the bankruptcy legal system itself. The real reason lies in the bankruptcy law - social security, the persistent problems of state-owned enterprises, financial risks and so on. It is like building a house that would have only dealt with the problem of sheltering from the wind and sleeping. Instead, it just demanded that it solve the problem of adequate food and clothing.