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公司强制清算与破产清算是企业依靠公权力退出市场的两种重要机制。由于两种程序的调整对象、案件受理条件、程序的严格程度、司法干预程度、债权人在程序中的作用及法律后果等方面均有所不同,指引误入公司强制清算程序的企业“回归正道”显得尤为必要。本文从我国两程序衔接的现状出发,探讨影响两程序顺利转化的主要障碍及解决路径,以期为完善我国公司强制清算与破产清算衔接工作机制提供具有可行性的建议和对策。
Forced liquidation and bankruptcy liquidation companies rely on public power to withdraw from the market two important mechanisms. Due to the adjustment targets of the two procedures, the conditions of admissibility of the case, the strictness of the procedure, the extent of judicial intervention, the role of creditors in the procedure and the legal consequences, etc., the enterprises that have been instructed to forcibly liquidate the company for compulsory liquidation "It is particularly necessary. Based on the current situation of the convergence of the two programs in our country, this paper discusses the main obstacles that affect the smooth transformation of the two programs and their solutions, with a view to providing feasible suggestions and countermeasures for improving the working mechanism of liquidation and consolidation between corporate liquidation and bankruptcy in China.