【摘要】 目前我国现行破产债权确认诉讼程序在前置程序、性质、管辖、起诉主体及裁判形式等方面呈现出有别于一般普通民事诉讼的特点,但因立法不完善及司法操作的困难,其在诉讼主体、程序适用、保障力度、对既定已开展程序效力及诉讼时效等方面均存在问题,亟待解决。为此,宜从明晰诉讼主体、完善程序设计、提高当事人利益的保护力度、明确判决效力和诉讼时效等方面完善我国破产债权确认诉讼制度,从而有效解决破产债权确认中的纠纷,以保证破产程序的顺利进行。更多还原

【Abstract】 At present the current lawsuit procedure of bankruptcy credit determination is different from that of common civil lawsuits in the aspects of prepositional procedure,character,governing scope,body of lawsuits and forms of judgments. Due to the defects in legislation and the difficulties in judicial operation,there still exist problems that need to be solved in the aspects of body of lawsuits,procedural application,guarantee system,procedural validity and lawsuit limitation. Therefore,the lawsuit system of bankruptcy credit determination in China shall be improved from the aspects of making body of lawsuits clear,improving procedure design,increasing the guarantee efforts of the parties involved,determining clearly the procedural validity and lawsuit limitation to effectively solve the disputes in the process of bankruptcy credit determination and guarantee the smooth operation of bankruptcy procedure.更多还原