我国破产程序路径探析——以破产申请为视角.docx

关键词：破产程序，破产子程序，破产申请，启动机制 II 万方数据 ABSTRACT The bankruptcy proceedings path design, and closely related to the legislative purpose of national bankruptcy. June 1, 2007, implementation of the Enterprise Bankruptcy Law regeneration-led system of bankruptcy proceedings for the purpose of legislation to overcome the Enterprise Bankruptcy Law of 1986 led to bankruptcy liquidation process and the presence of inherent defects, making the whole The bankruptcy proceedings settings more rational, scientific. New Enterprise Bankruptcy Law redesign the entire bankruptcy procedure to select a bankruptcy liquidation proceedings, the bankruptcy settlement procedures and the bankruptcy reorganization proceedings Trinity structure. In addition, I believe that the new Enterprise Bankruptcy Law also stipulates that the other three bankruptcy proceedings, the bankruptcy proceedings of its own reconciliation program, the execution of the bankruptcy reorganization and bankruptcy reconciliation program execution. Matching case between each program can be converted to each other. New enterprise bankruptcy law bankruptcy procedures self-contained, the design of the program is completely different from other legal proceedings has other proceedings characteristics, should be defined as a special program. The bankruptcy proceedings path choice depends on the bankruptcy mechanism will be activated. National legislative provisions on the difference between the application doctrine and the authority principle. Of old and new bankruptcy law of the insolvency proceedings, have adopted a the application doctrine of mode. But the subject of an application of the different paths, the application because there is a difference. Starting from entering the bankruptcy of a large program of different situations, summarized the current legislation, the 13 specific types of bankruptcy proceedings path, and analyzed separately. New Enterprise Bankruptcy Law of the provisions of the bankruptcy proceedings path r