专访中国政法大学破产法与企业重组研究中心主任李曙光：丰富企业破产制度工具箱 优化小微企业司法流程

Core Viewpoint - The draft amendment to the Enterprise Bankruptcy Law, proposed for the first time after 18 years, aims to modernize the bankruptcy legal framework, addressing practical challenges and enhancing the system's effectiveness in risk prevention and resolution [1][4]. Summary by Sections Current Legal Shortcomings - The existing bankruptcy law has significant limitations, including a narrow scope of application, an incomplete administrator system, and inadequate protection for creditor rights [2][3]. - Only 0.5% of companies were deregistered due to bankruptcy in 2024, indicating underutilization of the bankruptcy law [2]. Key Features of the Draft Amendment - The amendment expands the law from 12 chapters and 136 articles to 16 chapters and 216 articles, adding over 160 new and modified provisions [4]. - It emphasizes the importance of bankruptcy law as a fundamental tool for market exit and risk management, aiming to optimize the business environment and deepen supply-side structural reforms [4][5]. Financial Institutions - A new chapter specifically addressing the bankruptcy of financial institutions has been added, reflecting their unique characteristics and the need for differentiated arrangements [6][7]. - The amendment includes provisions for special debt repayment rules and enhances the connection between administrative risk management and judicial bankruptcy processes [6][7]. Small and Micro Enterprises - The draft introduces a special bankruptcy procedure for small and micro enterprises, aimed at improving efficiency and reducing costs associated with bankruptcy proceedings [10][11]. - This new procedure allows for quicker resolution of cases, with specific provisions for simplified management and expedited timelines [11]. Management and Oversight - The amendment strengthens the role and responsibilities of bankruptcy administrators, ensuring they operate independently while being supervised by creditors [15][16]. - A proposed "Bankruptcy Guarantee Fund" aims to address the issue of costs in bankruptcy cases where assets are insufficient to cover expenses [15][16]. Preventing "Debt Evasion" - New temporary measures are introduced to prevent debtors from transferring or hiding assets during the bankruptcy application process, enhancing the integrity of the proceedings [17][18]. - The draft also imposes strict obligations on debtors and their management to disclose financial information accurately and prohibits unnecessary expenditures during bankruptcy [18].