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十届全国人大常委会第十二次会议对企业破产法草案进行了二审。这一审较之上一审有了很好的改进,我还有几点想法拿出来与大家探讨。第一,破产不是好事,但企业破产法可提供按照客观规律处理问题的规则。企业破产法对破产是一种积极对待的态度。是一种早防治的态度呢,还是消极的、想把企业撑下去的态度,撑不下去了没有办法再破产?我认为这个思想不解决的话,许多条款就要出现问题。比如说为了增加破产的难度,在破产的标准中规定资不抵债,在国际上按
The 12th meeting of the Standing Committee of the Tenth National People’s Congress held the second instance of the draft bankruptcy law. This trial has been compared to the first instance has been very good improvement, I have a few ideas out to discuss with you. First, bankruptcy is not a good thing, but corporate insolvency law can provide rules that deal with issues in accordance with objective laws. Corporate insolvency law is a positive attitude toward bankruptcy. Is it a precautionary attitude, or is it negative, the attitude of holding companies wanting to survive? There is no way to go bankrupt again. I do not think many of these provisions will be problematic if this thinking is not resolved. For example, in order to increase the difficulty of bankruptcy, the insolvency standard provides for insolvency and internationally