摘要： 我国破产案件审理信息化处于高速发展的上升期,其便捷的操作方式、低廉的成本投入等优势,有助于提升审理效率、保障各方利益、实现案件公平。但“执转破”程序目前尚缺乏行之有效的信息化审理系统,在实践中出现各方当事人对程序申请存在顾虑、进入破产程序后难以双向衔接等问题。破解问题之道在于构建执行与破产新型程序信息共享系统,并通过该系统将执行程序中的强制措施保留至破产程序,在“执转破”程序中尝试构建简易破产制度,并加强各个部门之间的沟通协作,以解决目前“执转破”案件实践中存在的问题,实现其衔接执行与破产程序、调和执行难题的制度价值,也使其更好地服务于我国市场主体的退出和产业结构的调整。

关键词: 破产信息化, 执转破, 程序衔接, 市场退出

Abstract: The informatization of the trial of bankruptcy cases in our country is in an upward period of rapid development.The convenient operation methods, low cost investment and other advantages are conducive to improving the trial efficiency, safeguarding the interests of all parties concerned and realizing the fairness of cases.However, in this context, there is no effective information technology trial system for the “Execution Becomes Bankrupt” procedures at present.In practice, there are problems such as the parties' concerns about the procedure application, the difficulty of connection between execution and bankruptcy after entering the bankruptcy procedure.This paper proposes to build a new type of information sharing system between enforcement and bankruptcy procedures, and through this system, to retain the coercive measures in enforcement procedures to bankruptcy procedures, to try to build a simple bankruptcy system in the “Execution Becomes Bankrupt” procedures, and to strengthen the communication and collaboration between various departments and subjects, so as to solve the problems existing in the practice of “Execution Becomes Bankrupt” cases, to realize its institutional value of bridging enforcement and bankruptcy procedures and reconciling enforcement problems, and to make it better to serve the exit of China's market players and the adjustment of industrial structure.

Key words: Information-based Trial of Bankruptcy Cases, Execution Becomes Bankrupt, Procedural Links, Market Withdrawal