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自1986年12月我国首部《企业破产法(试行)》颁行以来,作为市场主体退出机制的破产法则日趋成熟和规范,制定统一破产法的条件业已具备。在历经长达十余年之久的充分调研、酝酿、讨论后,由全国人大财经委主持起草的《破产法》(草案)于2004年6月提交全国人大常委会审议,有望在近期出台。本刊约请数位参与该法起草、研讨的专家学者,就起草中涉及的若干有争议的重大问题撰文研究分析。相信这些专家所发表的最新见解,对新破产法草案的进一步完善有所裨益。
Since the first “Enterprise Bankruptcy Law (Provisional)” was promulgated in December 1986, the law of bankruptcy as the main body of exit mechanism has become more mature and regulated. The conditions for formulating a unified bankruptcy law are available. After more than ten years of full investigation, deliberation and discussion, the Bankruptcy Law drafted by the Financial and Economic Committee of the NPC (Draft) was submitted to the NPC Standing Committee for consideration in June 2004 and is expected to be introduced in the near future. This journal invites a few experts and scholars involved in the drafting and researching of this law to study and analyze some of the controversial major issues involved in the drafting. We believe the latest insights from these experts will benefit the further improvement of the new bankruptcy law.