認真對待破產法

Taking Bankruptcy Law Seriously

破產法是市場經濟法律體系中的重要制度，也是衡量一國市場經濟發達程度的重要標杆。中國大陸經歷了新舊破產法時代，在立法、司法和學術研究方面均取得了長足的進步。就立法而言，企業破產立法不僅吸收了國外的先進制度，也更新了傳統錯誤觀念，發揮了破產立法的倒逼功效，但個人破產法的缺失等問題依然突出；在司法實踐層面，破產審判工作進步顯著，但遭遇的各種司法困境也折射了破產法本身及其配套制度存在的諸多問題；在學術研究層面，大陸破產法學科一直面臨著破產法的公法、私法屬性和部門法定位元的爭論。破產法實則為綜合性法學學科之一，迫切需要以問題為導向的跨部門法、跨學科研究來夯實理論基礎並轉變研究範式。

Bankruptcy law is an important institution in market economy law system, and also an important criterion to evaluate the development degree of a country’s market economy. Mainland China has gone through the era of the old and the new bankruptcy law, and has achieved significant progress in bankruptcy legislation, judiciary and academic research. As for legislation, the legislation on enterprise bankruptcy has not only assimilated foreign advanced institutions, but has updated traditional wrong notions, giving play to the mechanism of reversal pressure of bankruptcy legislation. However, problems like the omission of personal bankruptcy are still prominent. As for juridical practice, bankruptcy judgement has progressed significantly, but several kinds of juridical dilemmas encountered also reflected various problems in bankruptcy law and its accessory institutions. As for academic research, in Mainland China, as a subject, bankruptcy law has always been faced with the debates about the public and private law attributes of bankruptcy law and the value of  department theory on bankruptcy law. In fact, bankruptcy law is one of the comprehensive law subjects, which need trans-department and interdisciplinary research guided by questions so as to tamp its theoretical basis and change the normal form on its research.