论文部分内容阅读
我国新破产法实施三周年以来的状况令人焦虑,破产案件的受理数量相对于吊销、注销的企业数量来讲是极其低微的,而且还呈逐年下降趋势,新破产法应有的制度功能远没有得到发挥。导致这一状况的原因是众多而复杂的,但概括来讲无外乎两个方面:一是破产程序本身的原因,二是破产程序之外的因素。破产程序之外的因素主要涉及政府和法院关系,特别是维护社会稳定等政府职责的履行问题,而破产程序本身的原因主要体现于破产案件的申请与受理,包括破产原因、破产申请人的举证义务、破产申请的审查与裁定、法院的绩效管理与考评机制等方面仍然规定得还不够完善。而在目前不太可能通过立法及时解决这一问题的情况下,迫切需要最高人民法院通过司法解释等形式努力解决这些问题,以保障新破产法的顺利实施。
The situation since the third anniversary of the implementation of the new bankruptcy law in our country is worrisome. The number of bankruptcy cases handled is extremely low compared with the number of enterprises revoked and canceled, but also shows a declining trend year by year. The due institutional functions of the new bankruptcy law Did not get played. The reasons that lead to this situation are many and complex, but in summary, there are no more than two aspects: one is the reason of bankruptcy itself and the other is the factor of bankruptcy. The factors other than the bankruptcy procedure mainly concern the fulfillment of the government duties and the court relations, especially the maintenance of social stability. The reasons for the bankruptcy procedure itself are mainly reflected in the application and acceptance of bankruptcy cases, including the reasons for the bankruptcy and the proof of the bankruptcy applicant Obligations, the review and adjudication of bankruptcy petitions, the performance management and evaluation mechanism of the court, etc. are still not yet fully developed. At present, it is unlikely that legislation will be adopted to solve this problem in a timely manner. We urgently require the Supreme People’s Court to work hard to solve these problems in the form of judicial interpretation so as to ensure the smooth implementation of the new bankruptcy law.