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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
Zheng Quan Shi Bao· 2025-09-18 17:58
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]
金融稳定法草案征求意见稿公布 建立金融稳定保障基金 由国务院金融委统筹管理
Xin Hua Wang· 2025-08-12 06:28
Core Points - The People's Bank of China has initiated a public consultation on the draft Financial Stability Law, which aims to establish a financial stability guarantee fund managed by the State Council Financial Committee to serve as a backup for major financial risk management [1][3] - The draft law emphasizes the need for a long-term mechanism to maintain financial stability, ensuring that financial institutions, markets, and infrastructure can effectively function and resist risks, thereby preventing localized risks from escalating into systemic crises [2][3] Group 1: Financial Stability Mechanism - The draft law aims to enhance the legal framework for financial stability, addressing the current lack of comprehensive design and coordination across various financial sectors [2][4] - It proposes that no entity or individual may establish financial institutions or engage in financial activities without approval, reinforcing the responsibility of financial institutions to operate prudently and within their authorized scope [4][5] Group 2: Financial Stability Guarantee Fund - The draft law establishes a financial stability guarantee fund, which will be composed of funds raised from financial institutions and other sources, managed by the State Council Financial Committee to address significant financial risks [5] - The fund is designed to operate alongside existing deposit insurance and industry protection funds, thereby strengthening the overall financial safety net in China [5]
2025年重点立法工作计划敲定!今年制定金融法、金融稳定法!
Zheng Quan Shi Bao· 2025-04-25 08:30
2025年重点立法工作计划敲定! 4月25日,全国人大常委会法制工作委员会举行记者会,通报4月全国人大常委会会议拟审议的法律草 案,介绍《全国人大常委会2025年度立法工作计划》(下称"立法工作计划")重点内容。 据全国人大常委会法制工作委员会发言人黄海华在记者会上介绍,4月27日至30日举行的十四届全国人 大常委会第十五次会议将审议民营经济促进法草案三次审议稿。从2025年度立法工作计划看,今年全国 人大常委会将制定民营经济促进法、金融法、金融稳定法;修改反不正当竞争法、企业破产法、中国人 民银行法、银行业监督管理法等。 民营经济促进法草案迎三审 按照立法法规定,列入常务委员会会议议程的法律案,一般应当经三次常务委员会会议审议后再交付表 决。黄海华指出,全国人大常委会组成人员和各方面普遍认为,制定民营经济促进法,充分发挥法治固 根本、稳预期、利长远的保障作用,十分必要、意义重大。草案经过反复修改后已经较为成熟,建议进 一步修改完善后及早审议出台。 今年将制定金融法、金融稳定法 据黄海华介绍,2025年度立法工作计划将于近日向社会公布,今年共安排继续审议的法律案14件、初次 审议的法律案23件,其中包括制定民 ...
我国将制定民营经济促进法、金融法等法律;坚决稳住楼市,打好保交房攻坚战|每周金融评论(2025.3.3-2025.3.9)
清华金融评论· 2025-03-10 10:30
Focus on Key Points - China plans to establish laws such as the Private Economy Promotion Law, National Development Planning Law, and Financial Law, which are significant for enhancing the legal framework of the socialist market economy and promoting high-quality economic development [3][4] - The Private Economy Promotion Law will clarify the important role of the private economy in the national economy and provide legal support for the healthy development of private enterprises [4] - The Financial Law aims to improve the financial legal system, filling existing gaps and providing foundational legal guarantees for the stable operation of financial markets [4] Major Meetings - The Minister of Housing and Urban-Rural Development, Ni Hong, emphasized the need to stabilize the real estate market and continue efforts to ensure housing delivery, including increasing loan support and promoting urban village renovations [6] Major Policies - The State Council issued guidelines on enhancing the "Five Major Financial Articles," focusing on technology finance, green finance, inclusive finance, pension finance, and digital finance to accelerate the construction of a strong financial nation [7] Major Events - The People's Bank of China has increased its gold reserves for the fourth consecutive month, reaching 7,361 million ounces (approximately 2,289.53 tons), which is a strategic move to mitigate asset depreciation risks due to the weakening dollar [8] Important Data - In February 2025, the Consumer Price Index (CPI) decreased by 0.7% year-on-year, influenced by factors such as the timing of the Spring Festival and favorable weather conditions for fresh vegetable supply [9][10]