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随着中国社会主义市场经济体制的不断完善与世界经济的不断融合,中国也将面临着越来越多的跨国破产案件。《企业破产法》第5条专门就跨国破产做出了特殊规定,但细细考究该条款,对跨国破产问题的解决方法仍存在许多有待完善的地方。因此,中国亟需借鉴国际经验,构建符合本国国情并与世界接轨的跨国破产法律体系。
With the constant improvement of China’s socialist market economic system and the continuous integration of the world economy, China will also face more and more cross-border bankruptcy cases. Article 5 of the Enterprise Bankruptcy Law specifically made special provisions on cross-border bankruptcy. However, due consideration of the article, there are still many areas for improvement in the solution to the problem of cross-border insolvency. Therefore, China urgently needs to learn from international experience and construct a transnational bankruptcy legal system that is in line with its own national conditions and with the world.