襄阳市企业破产处置府院联动机制的探索与完善

Linkage Mechanism for Enterprise Bankruptcy Disposal in Xiangyang(Hubei Province):Exploration and Perfection

襄阳市两级法院在企业破产处置工作中借助府院联动机制,对于提高企业破产审判质效、保障破产程序顺利进行等方面作了有益探索,取得了一定成绩。但是,襄阳市企业破产处置府院联动机制主要依托个案协调,机制还不十分健全且还未能有效落地,与浙江、江苏、广东等地区还存在很大差距,也与襄阳市企业破产处置工作的实际需求不相适应。对标温州市等府院联动机制建设先进地区,襄阳市应当健全府院联动机制,在不断完善的基础上,纵深推动府院联动,积极构建法院与政府各部门“互联互通、信息共享、协调配合、协同处置”制度化、常态化的联动工作机制。同时,支持襄阳法院破产审判专业化建设也应当作为推进破产处置府院联动机制的重要内容。府院联动机制是我国破产处置工作的制度性安排,建议在将来的破产法修改中将这一机制制度化、规范化。

The courts at both levels in Xiangyang have made use of the linkage mechanism to improve the quality and efficiency of corporate bankruptcy trials and to ensure smooth bankruptcy proceedings, and have made certain achievements. However, Xiangyang’s bankruptcy court linkage mechanism mainly relies on case coordination, which is not sound and has not yet been effectively implemented, and there is still a big gap with similar regions such as Zhejiang, Jiangsu and Guangdong, and also does not meet the actual needs of Xiangyang’s bankruptcy court. On the basis of improving the municipal-level “government-court linkage mechanism”, Xiangyang should promote the linkage of government-court cooperation, and actively build up a system of “interconnection, information sharing, and cooperation between courts and government departments”. In addition, the court will continue to improve the municipal “government-court linkage mechanism” and promote the linkage of the government-court, and actively build an institutionalized and normalized linkage mechanism of “interconnection, information sharing, coordination and cooperation, and cooperative disposal” between the court and various government departments. At the same time, it is important to support the professionalization of Xiangyang courts in bankruptcy trials as an important element in promoting the bankruptcy disposal mechanism. The “joint mechanism” is an institutional arrangement for bankruptcy disposition in China, which should be institutionalized and standardized in the future revision of China’s bankruptcy law.