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我国的《企业破产法(试行)》(下称《破产法》)制订于1986年,由于受当时国家改革背景及计划经济体制的影响,存在着诸多问题,承担了一些不应有的社会职能,妨碍了其在债务人丧失清偿能力时公平解决债务关系的调整作用的发挥。为适应市场经济体制建设与法制完善的需要,促进我国尽快融入世界经济贸易体系,制定统一的、市场经济模式的新破产法,已经是势在必行、刻不容缓。
The “Enterprise Bankruptcy Law (Trial)” (the “Bankruptcy Law”) of our country was formulated in 1986 and due to the background of national reform and the planned economic system of the time, many problems existed and some unjust social functions were borne , Preventing it from playing its role of adjusting the debt relationship fairly when the debtor loses its liquidity. In order to meet the needs of establishing a market economy system and perfecting the legal system, it is imperative and urgent to promote China’s entry into the world economic and trade system as soon as possible and formulate a new bankruptcy law with a unified market economy model.