破产案件审理期限的优化路径

Optimal Path of Trial Time Limit for Bankruptcy Cases

《中华人民共和国企业破产法》于2007年6月1日起正式施行,这在一定程度上实现了规范企业破产程序、公平清理债权债务、保护债权人和债务人的合法权益、维护社会主义市场经济秩序的目的。但在司法实践中,破产案件的审理期限非常规化,审限过长、久拖不决,且个案差异过大,导致审理程序进展的不可预期、案件受理不能依法进行、司法资源大量拖耗、债权人利益无法实现的风险进一步加大。自2015年1月起,最高人民法院在全国范围内确定了首批企业破产案件审理方式改革的试点法院,改革的重点之一就是要优化破产案件的审理期限。

The Corporate Bankruptcy Law of the People’s Republic of China has been formally put into force since June 1,2007,which realizes the purposes of regulating corporate bankruptcy procedure,fairly settling claims and debts,protecting creditors’ lawful rights and interests,and maintaining the order of socialist market economy. But in judicial practice,a bankruptcy case is very normal and takes too much time. Even though the case is protracted for a long time,it cannot produce a definite result. In addition,there is a big difference between cases. All lead to unexpected process of trial procedure,a large number of consumption of judicial resources,and the situations that mean that cases cannot be accepted according to law and the risk that creditors fail to realize interests is further increased. Since January 2015,the Supreme People’s court has determined the first batch of the pilot courts that reform the ways of trying corporate bankruptcy cases across the country. One of reform focus is to optimize the time limit of bankruptcy cases.