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最高人民法院公布的《关于审理企业破产案件若干问题的规定》,自9月1日起正式实施了。舆论认为,从现在起,企业再搞恶意破产,如意算盘要落空了。且莫如此乐观。咱们国内的事儿,有规定比没规定好,但有了规定无人照章执行仍是普遍的社会生态。在咱们这儿,规定是写在纸上的文字,实际操作起来,更起作用的往往是看不见、摸不着的一套套潜规定。各地应对《破产法》的潜规定虽没有统一格式,但利益取向却惊人一致:保护己方企业利益和地方利益,牺牲债权银行、外地债权人利益。说到最后,牺牲社会与国家的总体利益以换取局部利益。
The Supreme People's Court promulgated the “Several Issues Concerning the Trial of Enterprise Bankruptcy Cases,” which came into force on September 1. From the media's point of view, from now on, the enterprises engage in malicious bankruptcy again, and wishful thinking has to be defeated. And not so optimistic. Our domestic affairs, there are provisions than did not provide a good, but with the provisions of unattended implementation is still a common social ecology. In our case, the rules are written on the paper, the actual operation, the more effective are often invisible, inadvertently set a set of unspoken rules. Although the unspoken rules of the Bankruptcy Law around the country do not have a unified format, their interest orientation is strikingly consistent: protecting the interests of enterprises and local interests of their own side, sacrificing the interests of creditor banks and foreign creditors. At the end of the day, sacrifice the overall interest of society and the state in return for its own part.