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《公司破产法》的出台可以说是好事多磨,让人期待已久。最近,对中国和美国国情及法律环境都颇有研究的美国哥伦比亚大学法律博士朱伟一,特别为本刊撰文,分析中国的《公司破产法》为什么难产。朱伟一说, “千呼万呼始出来,犹抱琵琶半遮面”。许多法津也是犹抱琵琶半遮面,顾左右而言他,一般规则下又有例外。而《公司破产法》则是千呼万呼不出来。我们亲爱的法学家们也表现得很不得力,很不积极。《公司破产法》难在哪里?
The promulgation of the Bankruptcy Law can be said to be a good thing and a long one for people. Recently, Zhu Weichi, a doctor of law at Columbia University who has studied China and the United States on the national conditions and legal environment, wrote an article specially for this magazine to analyze why China's “Bankruptcy Law” was difficult to produce. Zhu Weiyi said, “Everlasting pleasures, still half-covered.” Many of them are still half-covered with obscurations. In general, there are exceptions to this rule. The “Company Bankruptcy Law” is pleasing to the eye. Our dear jurists also did very poorly and were not very active. Where is the company bankruptcy law difficult?