最高人民法院《关于审理企业破产案件若干问题的规定》 Several Issues on Trial of Enterprise Bankruptcy Cases Provisions
2009-03-24 法律英语 来源：互联网 作者： ℃法释[2002]23号
（Promulgated by the Supreme People's Court on 30 July 2002 and effective as of 1 September 2002.）
颁布日期：20020730 实施日期：20020901 颁布单位：最高人民法院
The following Provisions have been formulated in order to correctly apply the PRC State Enterprise Bankruptcy Law （Trial Implementation） （the Enterprise Bankruptcy Law） and the PRC Civil Procedure Law （the Civil Procedure Law） and regulate the trial of enterprise bankruptcy cases， in the light of the actual circumstances encountered by people's courts in such trials.
1. Jurisdiction Over Enterprise Bankruptcy Cases
Article 1 The people's court of the place where the debtor is domiciled shall have jurisdiction over the enterprise bankruptcy case. The phrase “place where the debtor is domiciled” means the place where the debtor's main office is located. If the debtor does not have an office， the people's court of the place where it is registered shall have jurisdiction.
Article 2 In general， bankruptcy cases involving enterprises the registration of which was approved by administrations for industry and commerce of counties or of county level municipalities or districts come under the jurisdiction of basic-level people's courts.
In general， bankruptcy cases involving enterprises the registration of which was approved by administrations for industry and commerce at or above the prefectural or prefectural-level municipality level come under the jurisdiction of intermediate people's courts.
Bankruptcy cases involving enterprises restructured under State plans come under the jurisdiction of intermediate people's courts.
Article 3 The trial by higher level people's courts of enterprise bankruptcy cases under the jurisdiction of lower level people's courts， the transfer of enterprise bankruptcy cases under the jurisdiction of higher level people's courts to lower level people's courts for trial and the transfer of enterprise bankruptcy cases under the jurisdiction of lower level people's courts that such courts need to transfer to higher level people's courts for trial shall be handled in accordance with Article 39 of the Civil Procedure Law. Where regional jurisdiction over certain enterprise bankruptcy cases at the level of a province， autonomous region or municipality directly under the central government requires adjustment due to special circumstances， the approval of the people's court that is the superior of both people's courts in question shall be required.
2. Bankruptcy Petitions and Acceptance
Article 4 Debtors that file a petition for bankruptcy or against which a bankruptcy petition is filed shall have legal person status. Enterprises without legal person status， sole traders， partnerships and rural business contractors do not qualify to be the subject of a bankruptcy case.
Article 5 When a State-owned enterprise files a petition for bankruptcy with a people's court， it shall submit a document from the higher level department in charge of the enterprise consenting to its bankruptcy. Other enterprises shall submit a document from their founder or shareholders' meeting deciding on the enterprise's bankruptcy.
Article 6 When a debtor files a petition for bankruptcy， it shall submit the following materials to the people's court：
（1） a written bankruptcy petition；
（2） proof of the enterprise's qualifications to be the subject of the case；
（3） a list containing the names of the legal representative and the main persons in charge；
（4） information on the enterprise's staff and workers and the contingency plan for the settlement thereof；
（5） a written explanation of the enterprise's losses accompanied by an audited report；
（6） a detailed list of the enterprise's assets as at the bankruptcy petition date， including tangible assets， intangible assets
and the enterprise's investments， etc.；
（7） detailed information on the accounts opened by the enterprise with financial institutions， including account opening examination and approval materials， account numbers， funds， etc.；
（8） statement of the enterprise's claims listing the names and domiciles of the enterprise's debtors， the amounts of the debts， the times such debts arose and information on reminders and repayment， etc.；
（9） statement of the enterprise's debts listing the names and domiciles of the enterprise's creditors， the amounts of the claims， the times such claims arose， etc.；
（10） information on the security involving the enterprise；
（11） information on the legal actions in which the enterprise is already involved； and
（12） other materials the submission of which the people's court considers necessary.
Article 7 When a creditor files a petition for the bankruptcy of a debtor， he shall submit the following materials to the people's court：
（1） the facts on and proof of the occurrence of the claim；
（2） the nature and amount of the claim and， a statement as to whether or not the claim is secured， accompanied by supporting documentation； and
（3） proof of the debtor's insolvency.
Article 8 When a creditor files a petition for the bankruptcy of a debtor， the people's court may notify the debtor to verify the following matters：
（1） the authenticity of the claim；
（2） the proportion of the due debts that the debtor is unable to discharge accounted for by the claim； and
（3） whether the debtor is insolvent.
Article 9 If a debtor challenges the claim of a creditor that filed a petition for its bankruptcy and the people's court sustains such challenge， it shall notify the creditor to first institute a civil action and shall not accept the bankruptcy petition.
Article 10 Within seven days after receiving a bankruptcy petition， the people's court shall decide whether to place the case on the docket. If the materials submitted by the bankruptcy petitioner require correction or supplementation， the people's court may order the petitioner to correct or supplement the same within a specified period of time. If the materials are corrected or supplemented within the specified period of time， the people's court shall render its decision on whether or not to place the case on the docket within seven days after the date of receipt of the corrected or supplemented materials. If the petitioner fails to correct or supplement the materials within the specified period of time， the petitioner shall be deemed to have withdrawn the petition.
If the people's court decides to accept an enterprise bankruptcy case， it shall prepare a notice of case acceptance and serve the same upon the petitioner and the debtor. The date of the notice shall be the date of acceptance of the bankruptcy case.
Article 11 The bankruptcy petitioner may apply to withdraw the bankruptcy petition before the people's court has rendered its decision on whether to accept the enterprise bankruptcy case.
If the people's court permits the petitioner to withdraw the bankruptcy petition， the expenses incurred before the withdrawal of the bankruptcy petition shall be borne by the bankruptcy petitioner.
Article 12 The people's court shall not accept a bankruptcy petition if， after examination， it discovers that：
（1） the debtor has concealed or transferred property， etc. and has filed the petition for bankruptcy in order to evade its debts； or
（2） the creditor filed the bankruptcy petition in order to damage the debtor's goodwill， with the aim of disrupting fair competition.
Article 13 If the people's court rejects a bankruptcy petition， it shall issue a ruling.
If the bankruptcy petitioner is dissatisfied with the ruling to reject the bankruptcy pe
tition， the petitioner may appeal to the people's court at the next higher level within 10 days after the date of service of the ruling.
Article 14 If the people's court discovers， after accepting an enterprise bankruptcy case， that such case does not comply with the conditions for acceptance specified in laws or that either of the circumstances specified in Article 12 hereof exists， it shall issue a ruling dismissing the bankruptcy petition.
If the people's court discovers， after accepting the bankruptcy petition of a debtor， that the whereabouts of a large amount of the debtor's property are unknown and the debtor fails to reasonably account for the disappearance of the same， it shall issue a ruling dismissing the bankruptcy petition.
If the bankruptcy petitioner is dissatisfied with the ruling to dismiss the bankruptcy petition， the petitioner may appeal to the people's court at the next higher level within 10 days after the date of service of the ruling.
Article 15 Once a people's court has decided to accept an enterprise bankruptcy case， it shall organize a collegiate bench and complete the tasks set forth below within 10 days：
（1） notify the bankruptcy petitioner and respondent in writing concerning the composition of the collegiate bench and post an enterprise bankruptcy acceptance announcement on the court bulletin board， which announcement shall specify the bankruptcy petition acceptance date， the name of the debtor， the time limit and place for filing claims， the legal consequences arising from the failure to file claims within the time limit and the date and venue of the first creditors' meeting；
（2） post a notice on the premises of the debtor's enterprise requiring due protection of the enterprise property， prohibitin
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