论小微企业重整中债务人自行管理制度适用的困境及优化
The Applicable Difficulties and Optimization on the Debtor’s Self-Management System in the Restructuring of Small and Micro Enterprises

小微企业在资产构成、组织结构等方面具有不同于大中型企业的特殊性，债务人申请重整的积极性不足，现有重整程序不能满足小微企业的特殊需求。债务人自行管理是小微企业实现自我挽救的重要制度，有利于激发债务人参与重整的积极性、降低重整成本、提高重整效率。但囿于法律规定不明确、社会信用体系不完善等因素，这一制度适用率较低，实践中存在诸多困境。为充分发挥债务人自行管理的优势，需进一步明晰自行管理的适用条件、厘清债务人和管理人的权责边界，同时完善重整信息披露制度，实现各方利益平衡，助力小微企业重获新生。
Small and micro enterprises are different from large and medium-sized enterprises in asset composition, organizational structure and other aspects of the particularity, the debtor’s enthusiasm to apply for reorganization is insufficient, some restructuring procedures cannot meet the special needs of small and micro enterprises. Debtors’ self-management is an important system for small and micro enterprises to realize self-rescue, which is conducive to stimulating the enthusiasm of debtors to participate in restructuring, reducing the cost of restructuring, and improving the efficiency of restructuring. However, due to the lack of operability of legal provisions and the imperfect social credit system, there are many difficulties in the application of this system in practice. Therefore, it is necessary to further clarify the applicable conditions of debtors’ self-management, clarify the boundaries of rights and responsibilities of debtors and managers, and improve the information disclosure system to achieve a balance of interests of all parties, so that small and micro enterprises can regain a new life.