Improvement of the Market Withdrawal System in the Context of Optimizing the Business Environment——The Revision of the Enterprise Bankruptcy Law as a Case
related to market exit,especially concerning bankruptcy law.To refine bankruptcy law norms,the foremost issue lies in broadening the range of subjects to which bankruptcy law applies.The current Enterprise Bankruptcy Law is applicable to corporate legal entities and should consider expansion to include legal persons and non-legal person organizations,following the classification logic of civil subjects in the Civil Code,with special provisions for unique entities such as legal persons of rural collective economic organizations and financial institutions.There is also a need for enacting a personal bankruptcy law that applies to all natural persons.Expanding the scope of bankruptcy law will inevitably lead to an increase in case numbers,necessitating a more refined provision of institutional support.However,given the relatively small and uneven distribution of bankruptcy cases,alongside rising costs and diminishing marginal benefits of judicial efficiency,the establishment of specialized bankruptcy courts and administrative bodies is deemed unnecessary.The broadening application of bankruptcy law must also be coordinated with non-bankruptcy exit mechanisms in the market exit system,civil enforcement laws within the debt liquidation framework,and company laws within other commercial department laws.
business environmentbankruptcy lawscope of applicable subjectsspecializationlegal harmonization
NETL
NSTL
万方数据
