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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
Core Viewpoint - The revision of the Enterprise Bankruptcy Law, which has been in effect for 18 years, aims to modernize the bankruptcy legal framework, addressing practical challenges and enhancing the system's effectiveness in risk prevention and resolution [1][2]. Group 1: Key Features of the Revision - The revised draft expands from 12 chapters and 136 articles to 16 chapters and 216 articles, adding and modifying over 160 provisions to address shortcomings in the current law [2]. - The revision aims to improve the willingness to utilize bankruptcy procedures, enhance execution, and establish effective coordination between government and judicial bodies [2]. - New chapters on "merger bankruptcy" and "bankruptcy of financial institutions" have been introduced, 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 institutions has been broadened to include trust companies, securities investment fund management companies, futures companies, and non-bank payment institutions, aligning with regulatory frameworks [3]. - Special rules for debt repayment have been established to protect financial consumers and the public, ensuring that financial stability funds have the same repayment priority as the entities they support [4]. Group 3: Risk Prevention and Coordination - The revision emphasizes the need for coordination between administrative measures and judicial bankruptcy processes, highlighting the importance of a comprehensive legal framework for financial risk management [5]. - Recommendations include modifying existing financial laws and establishing a unified legal framework for financial risk resolution [5]. Group 4: Optimization of Bankruptcy Procedures - The revision introduces mechanisms to enhance the efficiency of bankruptcy procedures, including a special pathway for small and micro enterprises [6]. - A new section specifically for small and micro enterprises aims to streamline the bankruptcy process, reducing costs and expediting case resolution [6]. - The special procedures for small enterprises allow for simplified management and quicker resolution timelines, ensuring a balance between creditor interests and the operational rights of business owners [6].