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我国《企业破产法》修改5年来,广大破产法研究者与实践者充分把握机会,达到引领债权人、债务人理性表达诉求,节约成本,促进矛盾在破产法律框架内及时解决的理想效果,并随着破产业务的国际化脚步,也出现了一些新的理论与实务问题迫切需要做出新的探索。一、破产法的一般理论问题研究有学者认为,破产法是私法,其制度构建指向以债权人权益保护为核心的功能体系,其功能实现需依赖市场机制完成。在我国破产法的未来发展中去行政化在所难免,与此同时大力加强我国市场经济建设,完善破产法功能发挥所倚重的市场机制,用市场调节机制替代政府权力的直接干预
In the five years since the revision of the Bankruptcy Law of the People’s Republic of China, the vast majority of researchers and practitioners of the bankruptcy law have taken full advantage of the opportunity to achieve the desired effect of leading creditors and debtors in their rational expression of demands, saving costs and promptly resolving conflicts within the framework of bankruptcy law. The pace of internationalization of bankruptcy business, there have been some new theoretical and practical issues urgently need to make new explorations. First, the general theory of bankruptcy law Some scholars think that bankruptcy law is private law, the system construction points to the protection of creditors rights and interests as the core of the functional system, its function depends on the market mechanism to complete. In the future development of our country’s bankruptcy law, it is inevitable to go to administration. At the same time, we should vigorously strengthen the construction of market economy in our country, perfect the market mechanism by which the function of bankruptcy law depends, and direct the intervention of market regulation mechanism to replace government power