The Legal Principles,Needs,and Legislative Construction of China's Bankruptcy Summary Procedure:From the Perspective of the Revision of the Enterprise Bankruptcy Law
The Legal Principles,Needs,and Legislative Construction of China's Bankruptcy Summary Procedure:From the Perspective of the Revision of the Enterprise Bankruptcy Law
The summary bankruptcy procedure has the advantage of reducing costs and facilitating the diversion of cases into simple and complex ones.This is based on the legislative experience and judicial practice in foreign countries,which have produced a substantial body of case law.The legislative principles and basic principles of the existing civil litigation procedures in China can provide a reference basis for the construction of the summary bankruptcy procedure.The existing bankruptcy law fails to reconcile the discrepancy between the legal framework and the actual demand,and the high cost of initiating and maintaining the bankruptcy process impedes the full realization of the bankruptcy law's potential.In light of the impending revision of the Enterprise Bankruptcy Law,the system design of the Enterprise Bankruptcy Law must be enhanced without delay.This should entail amending the scope of the application and commencement of bankruptcy summary proceedings,as well as further optimizing the trial process of bankruptcy summary cases.Furthermore,it is essential to fully leverage the potential of reorganization and settlement in achieving the rescue function of the bankruptcy law.These approaches represent effective means of addressing the challenges associated with"bankruptcy difficulties","bankruptcy complications",and"bankruptcy perturbation"of enterprises.
关键词
破产简易程序/小微企业破产/宜商环境/繁简分流/《企业破产法》修订
Key words
bankruptcy summary procedure/bankruptcy of small and micro enterprises/business friendly environment/divergence of complexity and simplicity/revision of the Enterprise Bankruptcy Law
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