中小企业破产重整的困境与突破

Difficulties and Breakthroughs in the Bankruptcy and Reorganization of Small and Medium-sized Enterprises

目前我国破产重整案件总体偏少,尤其是中小企业破产重整存在较大难度,债务人对重整制度不够了解、自知重整无望以及法院缺少推动破产重整的动力是导致这一现象出现的重要原因。重整成功的关键在于畅通融资渠道,但传统的借款融资、出售资产、股权转让对中小企业来说都有较高难度,加强金融创新是挽救中小企业的重要工具,部分地区已有类似实践,值得研究和推广。中小企业是国民经济的主力军,但也面临着较高的失败风险,应建立健全相关制度识别中小企业的重整价值,发挥政府、市场等多方主体的作用,促进我国市场经济的健康发展。

At present,bankruptcy reorganization cases in our country are just a few,especially in the small and medium-sized enterprises.The important reasons for this phenomenon are that the debtor does not understand the reorganization system or knows that the reorganization is hopeless,and the court lacks the impetus to promote the bankruptcy reorganization.The key to the success of reorganization is to smoothen the financing channels,but the traditional loan financing,asset sale and stock right transference are quite difficult for small and medium-sized enterprises.Strengthening financial innovation is an important tool to save small and medium-sized enterprises,which has been carried out in some regions and is worth studying and promoting.Small and medium-sized enterprises are the main force of the national economy,but they face high risk of failure.We should establish and improve relevant systems to identify the reorganization value of small and medium-sized enterprises,let the government,market and other multi-party entities play their roles,so as to promote the healthy development of China's market economy.