《破产法》实施中的政府行为分析及对策

Defect in the Act of Government in the Course of Carrying out the Law of Bankruptcy and Counter Measures

2 0世纪 80年代中期制定的现行《破产法》在实施过程中带有较为浓厚的行政色彩 ,破产行为成了地道的政府行为。为使《破产法》真正成为市场经济条件下实现资源重新配置的手段 ,笔者认为应尽快修改完善《破产法》 ,并尽快出台与之相配套的法律法规 ,降低破产实施成本 。

The law of bankcruptcy,which was drawn up in the middle 1980’S,boasts stronger government colour in the course of being carried out.The act of bankcuptcy has become a pure government behavior.Laws and regulations that come with the law of bankruptcy should be issued as soon as possible in order to make it way of resoures dispassion and the condition of market economy.The costs of bankruptcy enforcement should also be reduced,and the government instructing system should be established,lawfully,the law of bankruptcy should be revised and perfected quickly.