浅论新破产法的创新与完善

On Innovation and Reformation of Bankrupt Law

作为中国新时期的经济宪法的破产法,立法目的是为了保障债权人的合法权益。因此,新破产法较为突出的优势和创新点有四个方面:国有企业的破产从行政破产走向市场化破产;规制破产行为、强化破产责任;担保债权优于职工债权;规定金融机构的破产程序,提出跨境破产问题。但创新还需要有相关配套措施作支撑,因此,对立法不足的弥补和完善也不可忽视。

The main purpose of Bankrupt Law, as the constitution for economy in China nowadays, is to protect the lawful rights and interests of the creditors. Therefore, the newly - enacted Bankrupt Law has shown its advantages and innovations in the following four aspects： firstly, to transfer the bankruptcy of government facilities from administrative bankruptcy to market; secondly, to regulate the bankrupt actions and liabilities of enterprises ; thirdly, to assert that warrant credits are prior to employee credits ; fourthly, to stipulate the bankrupt procedure of financial institutions and issues concerning cross-board bankruptcy. Reformation, however, needs related measures as its support, which makes remedies for the legislative deficiencies as one of the key points.