Core Points - The draft amendment to the Enterprise Bankruptcy Law, which has been in effect for 18 years, is undergoing its first major revision, with over 160 new and modified provisions aimed at addressing practical challenges and enhancing the legal framework for bankruptcy [1][2] - The revision emphasizes the importance of bankruptcy law as a fundamental legal system for market economy exit and risk management, aligning with modern bankruptcy law concepts [1][2] Group 1: Comprehensive Legal Revision - The amendment expands the existing law from 12 chapters and 136 articles to 16 chapters and 216 articles, addressing shortcomings in the current system [2] - Key issues such as low willingness to utilize bankruptcy procedures, execution difficulties, and ineffective coordination between government and courts are being tackled [2] - New provisions include the establishment of chapters for merger bankruptcy and bankruptcy of financial institutions, enriching the bankruptcy legal toolkit [2] Group 2: Financial Institution Bankruptcy - A dedicated chapter for "Bankruptcy of Financial Institutions" has been added, recognizing the unique characteristics of financial institutions and their systemic importance [3] - The scope of applicable financial institutions has been broadened to include trust companies, securities investment fund management companies, futures companies, and non-bank payment institutions [3] - Special rules for debt repayment have been established to protect financial consumers and the public, ensuring that financial stability guarantee funds have the same repayment priority as the entities they compensate [4] Group 3: Risk Prevention and Coordination - The need for coordination between administrative measures and judicial bankruptcy processes is emphasized, with a focus on developing a comprehensive legal framework for financial risk management [5] - Recommendations include modifying existing financial laws and establishing a unified system for financial risk disposal [5] Group 4: Optimizing Bankruptcy Procedures - The draft aims to enhance the efficiency of bankruptcy procedures, addressing concerns about lengthy processes and inefficiencies [6] - A special chapter for small and micro enterprises has been introduced, allowing for expedited bankruptcy processes tailored to their needs [6] - The special procedures for small and micro enterprises include simplified case handling, flexible management, and expedited timelines for resolution [6]
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：丰富破产制度工具箱 优化司法流程解退出难题
Zheng Quan Shi Bao·2025-09-18 17:58