论执转破制度与企业退市制度的融会发展

执转破制度与企业退市制度是两项解决“问题性企业”清退市场问题的法律制度，它们虽独立存续，但基于相关制度的规则基础与内在机理，以及具有契合性的价值诉求，应当促使它们融会发展。上述两项制度就运行现状而言，存在各自运行、启动不足以及对接不畅问题，还存在司法与行政主导的不同模式的协调困难。解决的路径在于，加强两种制度融合立法，建构两种制度融会模式，完善两种制度对接机制，进而实现制度融会的常态化运行。

Integration and Development of the System of Shifting from Enforcement to Bankruptcy and the Delisting System of Market-exiting

The System of Shifting from enforcement to bankruptcy and the Delisting System of Market-exiting are two legal systems to dismiss the “problematic enterprises”. Although these two legal systems are operated independently to each other, they should be integrally developed considering the reciprocity, the institutional basis and inner mechanism of relevant legal systems.As of the current implementation status of abovementioned two legal systems, there are problems such as operating deficiencies and launching ineffectiveness as well as dull end-to-end joint. There are also difficulties in coordinating different approaches under the administrative and judicial initiations. Strengthening the integration of two different legal systems via legislation, improving and normalizing the docking mechanism of the two different legal systems can provide a solution to the issues