《中华人民共和国企业破产法(试行)》颁布已六年有余,它与《企业法》配套实施,对推动国有企业进入市场,增强自身活力,提高经济效益,加快我国改革开放的步伐起了重要作用.但在实施期间,由于各项改革措施还不够配套,相应的法律制度还未建立或不完善,《破产法》发挥作用的范围受到了一定限制。随着社会主义市场经济的发展和改革力度的加大,《破产法》越来越显示其优胜劣汰的特有功能,受到人们的广泛关注。(一) 国有企业破产,是指企业因经营管理不善造成严重亏损,不能清偿到期债务,经债权人提出申请 It has been more than six years since the promulgation of the Enterprise Bankruptcy Law of the People’s Republic of China (Trial Implementation), which has been implemented in conjunction with the Enterprise Law, which has played an important role in promoting the entry of state-owned enterprises into the market, enhancing their vitality, increasing economic efficiency and speeding up the pace of China’s reform and opening up However, during the implementation period, as the reform measures are not enough, the corresponding legal system has not been established or imperfect, and the scope of the Bankruptcy Law has been limited. With the development of the socialist market economy and the intensification of reforms, the Bankruptcy Law has increasingly shown that the unique function of the survival of the fittest has drawn widespread public concern. (1) The bankruptcy of a state-owned enterprise means that the enterprise causes serious losses due to improper operation and management and can not pay off its debts as they become due, and the creditor files an application