破産法的憲法根基

Constitutional Roots of Bankruptcy Law

在憲法和部門法融合背景下，憲法和破産法的交互是大勢所趨。憲法是破産法的根基所在。正在修訂的破産法應在其立法宗旨中加入“根據憲法，制定本法”，借此確立破産法的憲法根基。確立破産法的憲法根基後，我國《憲法》中有諸多條款可以在未來為破産法立法和實施提供支撑與約束。强調破産法的憲法根基，也意味著在破産法實施中相關主體需要樹立合憲性意識。

On the backgrounds of integration between the constitutional law and sectoral laws, the intersection of constitutional law and bankruptcy law is on its trends. The constitutional law is foundation of bankruptcy law. The Enterprise Bankruptcy Law 2006, which was being revised by the NPC, should add the phrase ''this law is formulated in accordance with the Constitution'' in its legislative purpose under Art. 1, thereby confirming the constitutional foundation of bankruptcy law. After establishing the constitutional foundation of bankruptcy law, there are many clauses in the Constitution of PRC which can provide support and constrains for the enactment and enforcement of bankruptcy law in future. Emphasizing of constitutional foundation of bankruptcy law would also mean that those relevant public authorities need to establish sense of constitutionality in implementation of bankruptcy law.