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从1988年11月1日我国全民所有制工业企业实行破产制度以来,破产法在我国已有两年多的历史,这短短的两年时间,破产法的境况如何呢?从它对经济建设的作用看,首先、破产法使全民所有制企业领导和职工产生了“风险”、“竞争”和“市场”意识.其次,它使国家减轻了一些经济负担,因为《破产法》实施以后,对经营性亏损的企业,国家不再发给补贴.从它遇到的阻力看,可以说,目前破产法在我国是举步维艰,从实践看,两年多的时间,破产的企业屈指可数.那么,这是不是意味着,我国不存在符合破产条件的企业呢?答案当然是否定的,究其原因,这些企业要么躺在国家安全的“保护伞”里,要么采用一种畸形的求生手段,如利用“三角债”,“连环债”的形式苟且偷安.国营企业的债权人往往是银行,如果银行这个债权人采用行政手段关闭企业可以最大限度得到满足.而采用破产手段,由于债权人之间要平等的行使债权,这对银行当然是不利的,所以,作为债权人的银行也不愿申请破产,这些主观因素造成了企业破产法的艰难处境.从客观方面看,由于企业内外部还没有一个合理的有秩序的环境机制、特别是还没有用其他法律部门如企业法、公司法为破产法铸定一个现实模式时就实施破产法、破产法就成了空中楼阁.因为企业法、公司法确定了企业和公司存续的
From November 1, 1988, the system of insolvency has been adopted by our state-owned industrial enterprises. The bankruptcy law has been in our country for more than two years. What is the status of bankruptcy law in this short period of two years? In effect, firstly, the Bankruptcy Law brought the awareness of “risk”, “competition” and “market” to the leaders and workers of enterprises owned by the whole people .Secondly, it relieved the country of some economic burdens because after the implementation of the Bankruptcy Law, In terms of the resistance it encounters, it can be said that at present the bankruptcy law is struggling in our country. From a practical point of view, there are only a few bankrupt enterprises in the past two years. So, Does this mean that there are no enterprises in our country that meet the conditions for bankruptcy? The answer is of course negative. The reason is that these enterprises either lie in the “umbrella” of national security or adopt a deforming means of survival such as using “Triangle bonds” and “contingency bonds” are easy to evade. The state-owned enterprises’ creditors are often banks. If the bank’s creditors use administrative measures to close the enterprises, they can be satisfied to the maximum extent. Bankruptcy means, because the creditors should be equal between the exercise of claims, which of course is detrimental to the bank, so banks as creditors are reluctant to apply for bankruptcy, these subjective factors caused the difficult situation of corporate bankruptcy law.In objective terms, Since there is not a reasonable and orderly environmental mechanism inside and outside the enterprise, bankruptcy law has become a paragon in law, especially when bankruptcy laws have not yet been implemented with other legal departments such as enterprise law and company law when setting a realistic model for bankruptcy law. Because of corporate law, company law defines the existence of businesses and companies