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我国《企业破产法》引入了破产重整制度,以帮助有重整希望的企业走出经营困境以致实现企业的做大做强。几年的时间,我国的《企业破产法》经受住了时间的考验,该制度的建立为很多资不抵债濒临破产的公司争取了时间,通过调整发展战略和经营措施,使企业能够继续正常运营,同时也在一定程度上维护了社会的稳定,但仍旧存在一定的缺陷与不足之处,需要将原则性的规定予以进一步细化。笔者根据我国《企业破产法》的立法及实施的实践,并结合自身参与破产工作的经验,特对破产重整程序中有担保的债权人利益保护问题提出自己的一些建议,以期对我国破产重整制度的完善起到一定的推动作用。
The “Bankruptcy Law of the People’s Republic of China” introduced the bankruptcy reorganization system so as to help enterprises that have the hope of reorganization to get out of their business predicament so as to make their enterprises bigger and stronger. In the past few years, the “Enterprise Bankruptcy Law” of our country has stood the test of time. The establishment of the system has won the time for many companies that are insolvent to the brink of bankruptcy. By adjusting their development strategies and operational measures, the enterprise can continue its normal operation At the same time, it also maintains social stability to some extent. However, there are still some shortcomings and shortcomings, and the principle of principle needs to be further refined. Based on the legislation of our “Bankruptcy Law” and the practice of its implementation, combined with my own experience in bankruptcy work, I put forward my own suggestions on the protection of secured creditors’ interests in the bankruptcy reorganization procedure with a view to the bankruptcy reorganization Improve the system play a certain role in promoting.