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破产重整是对濒临破产的企业实施拯救并促使其得以复兴的特殊法律制度。债务人重整能否成功与重整机构的选任机制休戚相关。世界各国对该问题的立法设计分为两类,即偏重债务人利益的模式与偏重债权人利益的模式。这两种模式不仅体现出了对债务人、债权人的不同态度,还体现了更深层面的法律价值观的冲突,即效率与公平的冲突。我国的破产立法应妥善处理不同主体间的利益平衡,兼顾效率与公平。
Bankruptcy and reorganization is a special legal system that saves and rejuvenates the enterprises on the verge of bankruptcy. The success of the debtor’s restructuring will have a bearing on the election mechanism of the restructuring agency. Countries in the world have divided the legislative design of the issue into two categories, that is, a model that emphasizes the interests of debtors and a model that emphasizes the interests of creditors. These two models not only reflect the different attitudes toward debtors and creditors, but also reflect the conflicts of deeper legal values, that is, the conflict between efficiency and fairness. The bankruptcy legislation in our country should properly handle the balance of interests among different subjects, taking both efficiency and fairness into consideration.