银行应充分了解参与分配制度与执行转破产程序新规,确保在执行阶段掌握主动权,切实维护自身债权受宏观经济形势的影响,当前小微企业倒闭现象增多,大部分倒闭的小微企业都未经清算,而债权人出于对审理期限和债权偿还效果等因素的考虑,往往不愿意申请债务人破产,而是倾向于在执行阶段通过参与分配制度进行比例受偿。但新《最高人民法院关于适用〈中华人民共和国民事诉讼法〉的解释》(以下简称“新民诉法司法解释”)实施后,其中的部 Banks should fully understand the new system of participating in the distribution system and implementing procedures for the transfer of bankruptcy and ensure that they have the initiative in the implementation phase and effectively safeguard their own claims by the macroeconomic situation. At present, the phenomenon of bankruptcy of small and micro enterprises has increased. Most of the small and micro enterprises that have failed Without liquidation, the creditors are often reluctant to apply for the debtor’s bankruptcy due to the consideration of the deadline of the trial and the effect of repayment of creditor’s rights. Instead, the creditors tend to be compensated proportionately through participation in the distribution system in the implementation phase. However, after the implementation of the “Supreme People’s Court’s Interpretation on the Application of the Civil Procedure Law of the People’s Republic of China” (hereinafter referred to as “the judicial interpretation of the new Civil Procedure Law”), the Ministry