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企业破产法首次修订:新增四章节,个人破产入法有突破
第一财经·2025-09-22 15:35

Core Viewpoint - The article discusses the significant amendments to the Enterprise Bankruptcy Law in China, marking its first revision in 18 years, with a focus on enhancing the efficiency of bankruptcy procedures and addressing the challenges faced by small and micro enterprises [3][6]. Summary by Sections Introduction - The draft of the revised Enterprise Bankruptcy Law has been presented for initial review, consisting of 16 chapters and 216 articles, which is a substantial increase from the previous 12 chapters and 136 articles [3]. Focus on Small and Micro Enterprises - The draft introduces special provisions for the bankruptcy procedures of small and micro enterprises, aiming to simplify the process and reduce costs, allowing for more efficient market exits or recoveries [6][7]. - However, the criteria for determining what constitutes a small or micro enterprise remain unclear, which may lead to implementation disputes [6][7]. Merging Bankruptcy Procedures - A new chapter on merging bankruptcy procedures for related enterprises has been added, establishing standards and principles for such cases, addressing the lack of national legal basis previously [7][8]. Coordination Mechanism - The draft introduces a bankruptcy work coordination mechanism, establishing a legal framework for government and court collaboration to address social issues arising from bankruptcies [10][11]. - This mechanism aims to improve the interaction between administrative and judicial processes, which is crucial for managing the broader impacts of bankruptcy [10]. Bankruptcy Prevention and Early Warning Mechanism - The draft emphasizes the importance of establishing a debtors' bankruptcy early warning mechanism, promoting information sharing and risk monitoring [12][13]. - While the draft proposes this mechanism, it lacks mandatory enforcement, which may limit its effectiveness [12][13]. Personal Bankruptcy Considerations - The draft addresses the issue of personal bankruptcy by allowing natural person shareholders who bear joint liability for corporate debts to clear their debts under certain conditions, marking a cautious step towards personal bankruptcy legislation [4][16]. - The article highlights the need for a phased approach to personal bankruptcy, focusing first on business-related debts before addressing consumer debts [17].