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一、引言2007年6月,我国新《企业破产法》实施后,破产案件的受理数量并未如人们所预期的那样有所上升,反而是逐年下降。据最高人民法院的统计,2007年全国法院受理的破产案件数量为3 817件,2008年为3 139件,2009年是3 128件。~①有不少人曾经作出这样的预测,随着新《破产法》的贯彻和实施,法院受理破产案件数将可能会出现井喷现象。可是,这个预言不幸破产了。与此相对,因为连年不接受工商年检而被吊销营业执照的我国企业数量却十分惊人,而这些被吊销营业执照的企业大都属于应申请的破产企业。~②
I. INTRODUCTION After the implementation of the new Bankruptcy Law in China in June 2007, the number of bankruptcy cases has not risen as people expected, but instead declined year by year. According to statistics from the Supreme People’s Court, the number of bankruptcy cases accepted by the national courts in 2007 was 3,817 cases, 3,139 cases in 2008 and 3,128 cases in 2009. Many people have made such predictions. With the implementation of the new Bankruptcy Law, the court may face the blowout of bankruptcy cases. Unfortunately, this prophetic bankrupt. In contrast, the number of enterprises in our country that have been revoked because their business licenses have not been accepted in successive years is staggering. Most of these enterprises that have been revoked their business licenses belong to the bankrupt enterprises that should apply. ~ ②