论文部分内容阅读
破产原因是破产程序启动的关键,破产原因的立法设计对破产法实际作用的发挥有较大影响。文章从破产原因的理论概述出发,对破产原因进行界定,将不能清偿、停止支付、资不抵债三种主要破产原因的构成加以解释;阐述了域外对于破产原因的立法规定,为我国提供借鉴;并进而对比、评价我国破产法中破产原因设计的优缺点,提出删除“明显缺乏清偿能力”、全面发挥破产原因在各个破产程序中的作用、更新破产观念等改进建议。
The reason of bankruptcy is the key to the commencement of insolvency proceedings. The legislative design of the causes of bankruptcy has a great influence on the actual role of bankruptcy law. The article starts with the theoretical summary of the causes of bankruptcy, defines the causes of bankruptcy, explains the causes of the three major causes of bankruptcy, such as insolvency, stop payment and insolvency. It also elaborates the legislative provisions on the causes of bankruptcy abroad and provides reference for our country. And then, it compares and evaluates the advantages and disadvantages of the design of bankruptcy causes in China’s bankruptcy law, and puts forward the suggestions of improving the functions of bankruptcy, such as deleting “obviously lacking of liquidity”, giving full play to the causes of bankruptcy in various insolvency procedures and updating bankruptcy concepts.