尽管破产案件受理的大门已经敞开,但还是有不少案件因缺乏启动经费而导致程序上无法继续推进,为此经办法官也承受着法律规定无法落实的风险和来自当事人的责难,管理人对拿不到应有报酬的破产案件自然也没有开展工作的积极性。面对上述问题,笔者在比较与借鉴中提出当前破解困境的多种路径,并在此基础上尝试对扶助专项基金制度作出具体设计,就专项基金的来源、管理及扶助对象等方面形成了初步的构思,即由管理人先期注资成立基金,然后再进一步拓宽基金的来源渠道,同时由管理人协会对该基金进行管理,以此逐步解决破产案件启动经费不足的问题。 Although the door to accepting bankruptcy cases has been opened up, many cases still fail to proceed procedurally due to the lack of starting funds. Therefore, judges are also subject to the risks that law can not enforce and accusations from the parties concerned. Naturally there is no enthusiasm for carrying out any bankruptcy cases without due remuneration. In the face of the above problems, the author puts forward many ways to solve the current dilemma in comparison and reference, and on this basis, tries to make a concrete design for the system of supporting special funds, and has formed a preliminary study on the sources, management and support of special funds The idea is that the fund should be funded by the manager in advance and then further expanded the fund’s source channel while the administrator’s association manages the fund so as to gradually solve the problem of insufficient funding for starting the bankruptcy case.