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2007年施行的《企业破产法》,以社会主义市场经济规律为导向,统筹债务人企业淘汰和企业再生两个进程,着眼于破产清算下债权人利益的公平受偿,重整、和解下债务人、债权人等各方利益的妥善平衡,对规范市场主体运行,防范和化解经营风险具有重要的积极作用。作为企业破产程序的主导者和重要参与者,人民法院近年来认真领会和贯彻《企业破产法》的精神宗旨,敏锐发现并积极探索解决破产案件审理中的新情况新问题,审慎化解企业破产案件各方主体间的矛盾纠纷,为优化社会资源配置,规范市场经济秩序,维护社会和谐稳定作出了应有贡献,相当一批破产案件的审理取得了良好的法律效果和社会效果。但在审判实践中也发现一些问题,在此,我重点谈以下几个问题。
The Enterprise Bankruptcy Law, which was implemented in 2007, is guided by the socialist market economy and co-ordinates the two processes of corporate debts and corporate regeneration. Focusing on the fair compensation, restructuring and reconciliation of creditors under bankruptcy and liquidation, debtors and creditors The proper balance of interests of all parties plays an important and positive role in regulating the operation of market players and preventing and resolving business risks. In recent years, the people’s court has conscientiously complied with and implemented the spirit of the Enterprise Bankruptcy Law. It has acutely discovered and actively explored new problems and new problems in the handling of bankruptcy cases and carefully resolved the bankruptcy cases of enterprises The contradictions and disputes among the parties have made due contributions to optimizing the allocation of social resources, standardizing the market economic order and maintaining social harmony and stability. The trial of a considerable number of bankruptcy cases has achieved good legal and social effects. However, some problems have also been found in the trial practice. Here, I will focus on the following issues.