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随着我国社会主义市场经济的建立和发展,企业的竞争机制得到进一步加强,在激烈的市场竞争中,一些经营不善、负债累累又缺乏新形势下竞争手段和承受能力的集体所有制企业,必将陷入“兼并无望、整顿无效、自救无路”的困境,只能企求在法律上宣告其死亡——破产。 以南京市两级法院的审判实践来看,近两年共受理企业破产案件20余件,其中属于全民所有制企业的仅2件,而90％以上均为集体所有制企业(主要是乡镇企业)。94年以来,集体企业申请或被申请破产的案件呈上升趋势。这类案件涉及面广,纠缠事情千头万绪,审判人员
With the establishment and development of China’s socialist market economy, the competition mechanism of enterprises has been further strengthened. In the fierce market competition, some enterprises under collective ownership that are poorly managed, heavily indebted and lack the means of competition and affordability in the new situation are bound to Into a “merger no hope, reorganization invalid, self-help without” predicament, can only seek to legally declare its death - bankruptcy. Judging from the trial practice of the two courts in Nanjing City, over 20 cases of bankruptcy cases have been accepted in the past two years, of which only 2 belong to the whole people-owned enterprises and 90% are collectively-owned enterprises (mainly township and village enterprises). Since 94 years, the number of collective enterprises applying for or being bankrupt has been on the rise. Such cases involve a wide range of things entwined with many things, the trial staff