论文部分内容阅读
近代中国第一部破产正式立法为清政府1906年颁行的《破产律》,由于商民批评特别是官商利益冲突无法调和,该律施行不久即被废止。从《破产律》颁行后的商民社会评价、立法者的态度及执法环境等分析,清末社会的法律环境无法为包括破产法在内的近代商事法律提供良性运行的土壤;而各方利益调和的失败,也是造成破产律效力短促的重要原因。
In modern China, the first official bankruptcy legislation was the “Bankruptcy Law” promulgated by the Qing government in 1906. The law was abolished shortly after the commercial criticism, especially the conflicts of interests between officials and businessmen, could not be reconciled. From the analysis of the merchants after the “bankruptcy law”, the legislator’s attitude and law enforcement environment, the legal environment in the late Qing Dynasty can not provide the benign operation of modern commercial law including the bankruptcy law. However, the interests of all parties The failure of reconciliation is also an important reason for the short-term effectiveness of bankruptcy law.