论重整企业信用修复的特征、机制与方式

On the Characteristics,Mechanisms,and Methods of Credit Repairing of Restructured Enterprises

重整企业信用修复日益受到重视,并且司法实践已经开启个案探索,亟待推进重整企业信用修复的制度建设。重整企业信用修复制度应当以企业拯救为目的,以准予修复为原则、不予修复为例外,以主动、高效为根本要求。重整企业信用修复应当构建以“府院协调”为基础,信用服务机构、银行等多元主体参与的机制,并且对信用修复方式进行革新,为重整企业提供信用承诺、内部整改、信用培训等具有可行性的修复渠道。

Credit repairing of restructured enterprises has attracted increasing attention and judicial practice has begun case exploration.It is in urgent need to promote the system construction of credit repairing for restructured enterprises.The system of credit repairing for restructured enterprises should take rescuing enterprises as its aim,allowing repairing as the principle and refusing repairing as the exception.The whole system should adhere to the principle of initiative and high efficiency.The credit repairing of restructured enterprises should construct a kind of mechanism which is based on the coordination of government and court and involves the participation of multiple parties like credit service-proving agencies and banks.In addition,the methods of repairing should be reformed to provide feasible repairing channels for restructured enterprises such as credit commitment,internal rectification,and credit training,etc.