现行破产法并没有禁止关联企业之间以债权人身份提起破产申请,但允许关联企业之间申请破产更容易助长“假破产真逃债”的发生,以致规避法律的强制性或禁止性规定,损害外部债权人合法权益。本文从一则案例开始分析,提出应当限制关联企业之间以债权人身份申请破产。 The existing bankruptcy law does not prohibit related enterprises from claiming bankruptcy as a creditor. However, allowing bankruptcies among related enterprises can more easily encourage the occurrence of “bankruptcy and bankruptcy” so as to evade the mandatory or prohibitive laws of the law, Damage the legitimate rights and interests of external creditors. This article begins with the analysis of one case and proposes that the bankruptcy should be restricted as a creditor between affiliated enterprises.