简易破产程序构建研究

Research on the Construction of Brief Bankruptcy Procedure

在全面推进民事诉讼程序繁简分流改革及营造良好法治营商环境的背景下,构建简易破产程序亟待推进,其不仅能提升司法效能,优化营商环境,亦能保证公平正义之实现。在具体规则设计中,应当以混合标准划定受案范围,并由基层法院审理;减少债权人会议次数并优化债权人参会模式,充分发挥破产管理人职能,针对破产财产实行责任追查机制。还应简化审判程序,缩短审判期限;做好与普通破产程序的衔接并赋予当事人充分的异议权。

Under the background of comprehensively promoting the reform of complicated and simplified civil procedure and creating a good business environment under the rule of law,the construction of simple bankruptcy procedure has become the general trend,which can not only improve the judicial efficiency and optimize the business environment,but also ensure the good realization of fairness and justice.However,it is still worth discussing how to construct the summary bankruptcy procedure.The scope of accepting cases should be demarcated by the mixed standards,supplemented by the primary court's independent system.Reduce the number of meetings of creditors and optimize the mode of attending meetings of creditors,give full play to the function of bankruptcy administrator,and implement the accountability mechanism for the bankruptcy property.Simplify the trial procedure and shorten the trial period;reasonably establish the connection between simple bankruptcy procedure and ordinary bankruptcy procedure and endow the parties with sufficient right of objection.