现行《破产法》存在的问题及修订建议

Problems in the Bankruptcy Law and Its Amendment

我国现行《破产法》存在适用范围狭窄、可操作性差、对债权人利益保护不够、追究破产责任、惩罚破产犯罪力度不够的缺陷,不利于企业破产的实践。打破企业所有制性质的限制,制定统一的《破产法》;增强破产界限的可操作性;保护债权人利益,建立破产预警系统,完善债权人会议制度;增设破产“法律责任”专章,加大惩罚破产犯罪力度及责任人资格限制是完善我国破产法立法应追求的目标。

Our country's current Bankruptcy Law has many defects, for example, the application scope is very narrow, the operation is not very practical, the protection of the creditor not enough and etc. . It is not good for us to carry out the protection of the bankrupt enterprises. Therefore, we should overcome the limitations of the state -ownership of enterprises and enact an unified bankruptcy law. Besides, we should strengthen the opera-bility of bankrupt limit, protect the interests of creditor, build a system that can forecast the bankruptcy, and complete the meeting system of creditors. In addition, we should also append the rules concerning legal responsibility , strengthen the penalty of bankrupt crimes and the limitations on the qualification of the person responsible. These are our ultimate goals in improving the Bankruptcy Law.