论破产立法中的经济法理念

我国的破产法是同时兼有民商法和经济法双重性质的法律.在新的破产立法中,要充分体现公正调整债务关系的私法精神,尤其是要保护债权人利益,坚决摒除错误的国家行政干预.同时也应体现出经济法的理念,注重通过国家的正确介入维护社会整体利益,合理调节当事人利益间的平衡.在新破产法中将建立预防企业破产最为积极有效的重整制度,包括法院强制批准重整计划即职权重整制度.郑百文公司重组的案例不仅表明我国的司法实践中迫切需要破产重整制度,而且表明应在重整制度中强调国家适当介入的必要性.

On the Concept of Economic Law in Bankruptcy Legislation

China's Bankruptcy Law features a double character of Civil Law and Economic Law. Therefore, in making the new Bankruptcy Law, we should keep in mind not only the spirit of Private Law in adjusting debt relations, especially in the protection of the right of the creditor and in the prevention of improper interference of the government, but also the concept of Economic Law to safeguard the benefits of the society as a whole so as to balance the benefits of the parties concerned with appropriate involvement of the government. A most efficient and effective restructure system, including any reorganization plan, or authority restructure, granted compulsorily by the court, should be established in the new Bankruptcy Law to prevent enterprises from going bankrupt. The case of Zhengbaiwen company suggests not only the urgent need of a restructure system in our legal practice, but also the necessity of appropriate government involvement in the restructuring.