我国经济体制改革后,企业实行了自主经营,自负盈亏,这大大增强了企业的竞争机制。有竞争必有淘汰。《全民所有制企业破产法(试行)》为被淘汰的破产全民所有制企业指明了出路。但在企业经营实践中,有许多集体企业因各种原因在竞争中败下阵来,面临破产。由于我国法律还不健全,对其是否能破产尚有争议,致使这部分企业处于“要死不能,要活不成”的状况。同时,申请破产的企业中,集体企业占了绝大多数。法院是否应受理这类案件,受理后又该如何审理等,是司法实践中倍感棘手的问题,在此,本刊特发表上海市静安区人民法院的一组文章,抛砖引玉,以引起各界重视,并参加讨论。 After the reform of our economic system, the enterprises implemented their own operations and assumed their own profits and losses, which greatly enhanced the competition mechanism of enterprises. Competition must be eliminated. The “State-owned Enterprise Bankruptcy Law (Provisional)” pointed out a way out for the bankrupt state-owned enterprises that were eliminated. However, in the practice of enterprise management, many collective enterprises are defeated in competition for various reasons and face bankruptcy. As our country’s law is still not perfect, there is still controversy about whether it can go bankrupt, resulting in the situation that some of these enterprises are “unable to die or live without success.” At the same time, the collective enterprises accounted for the vast majority of the enterprises that filed for bankruptcy. Whether courts should accept such cases or how they should be handled after they are accepted is a thorny issue in judicial practice. Here, we issue a series of articles in the People’s Court of Jing’an District, Shanghai to attract people’s attention , And participate in the discussion.