“谈破色变”如何转向“破中求生”——上海探索破产审判优化营商环境调查（下）

Core Viewpoint - The bankruptcy system has become an important legal path for corporate relief and resource regeneration, transforming from a state of imminent auction to a business-friendly environment [1] Group 1: Bankruptcy System and Management - The bankruptcy trial in Shanghai not only concerns the survival of individual enterprises but also plays a crucial role in optimizing resource allocation and stimulating market vitality [1] - Bankruptcy administrators are essential in the bankruptcy process, acting as the main drivers and executors of bankruptcy affairs, directly impacting the business environment [2] - Each bankruptcy case is unique and complex, requiring administrators to balance the interests of various stakeholders, including financial institutions, suppliers, employees, and creditors [2] Group 2: Challenges Faced by Bankruptcy Administrators - The management industry is facing severe challenges, including talent loss, team shrinkage, and an increasing proportion of cases with insufficient assets to cover bankruptcy costs [3] - Many bankruptcy administrators experience threats and harassment, reflecting a lack of professional protection and clarity in their roles and compensation mechanisms [3][4] - A significant number of bankruptcy cases do not have enough assets to pay for administrative fees, leading to a lack of willingness among administrators to take on cases [3] Group 3: Government and Judicial Coordination - The bankruptcy process involves collaboration among various government agencies and public service institutions, highlighting the need for a coordinated approach [5][6] - The government and judiciary's collaborative mechanism is seen as a key measure to address administrative bottlenecks in bankruptcy procedures [6] - Despite the deployment of collaborative mechanisms at the city level, challenges remain at the grassroots level, particularly in accessing banking information and tax incentives [6] Group 4: Changing Public Perception - The number of bankruptcy cases in Shanghai has been rapidly increasing, yet the success rate of restructuring and reconciliation remains low [9] - There is a prevalent stigma associated with bankruptcy, often viewed as a failure, which discourages companies from seeking timely relief [9][10] - Early initiation of bankruptcy procedures could significantly improve the chances of successful restructuring and recovery for distressed companies [10] Group 5: Recommendations for Improvement - Suggestions include lowering the threshold for restructuring, improving the connection between out-of-court restructuring and judicial restructuring, and establishing a financing support platform for distressed companies [10][11] - Enhancing public awareness and understanding of bankruptcy processes is crucial for improving cooperation among various stakeholders involved in bankruptcy cases [11]