论破产程序的转换机制

On the Switching Mechanism of Ban-kruptcy Proceedings

相较于旧《破产法》,我国新《破产法》明确规定破产和解程序、重整程序及清算程序互为独立。从破产法的研究现状来看,多数学者着眼于单个程序的研究,很少有学者用全局的眼光来研究破产程序,探寻三大破产程序之间的关系及其转换机制。破产法三大程序是统一的整体,有效的程序转换机制能够大大降低破产当事人在程序选择上面临的风险,更好地发挥破产法的功能,更有力地维护破产债权人及债务人的利益。

Compared with the old ＂bankruptcy law＂, the country＇s new bankruptcy law explicitly prescribed that bankruptcy settlement procedures, the restructuring procedure and the liquidation procedures are mutually independent. Considering current situation of bankruptcy law research , most scholars focus their research on a single program. There are few scholars studying bankruptcy procedure with a global vision to explore the relationship between the three bankruptcy procedures and their switching mechanism. The three Bankruptcy procedures are a unified whole. Effective programs can greatly reduce the risks faced by a party in bankruptcy when choosing a procedure, develop the function of the bankruptcy law, and safeguard the interests of the creditor and the debtor.