中小型企业是我国经济的重要组成部分。但是由于实力很弱,技术比较落后,人才不足以及经营管理不善等原因,在日益扩大、竞争日趋激烈的市场中处于不利地位。有不少此类企业已经成了准破产中小型企业(即事实上已经破产,但未宣告破产,也未进行破产清偿的中小型企业)。由于与市场经济相适应的法律体系尚未建成,对此类准破产中小型企业缺乏应有的法律调整,因而在实践中引起了一系列法律问题,其中最突出的是这些准破产中小型企业根本无力偿还对其他企业所负的债务。即使被宣告破产,其全部财产也只能清偿所负债务中极少 Small and medium-sized enterprises are an important part of our economy. However, due to its weak strength, backward technology, inadequate human resources and poor management, it is at a disadvantage in the increasingly expanding and increasingly competitive market. Many of these enterprises have become quasi-bankrupt small and medium-sized enterprises (that is, small and medium-sized enterprises that have actually become bankrupt but did not declare bankruptcy nor liquidated them). Since the legal system that is compatible with the market economy has not yet been established, the lack of proper legal adjustment of such quasi-bankruptcy SMEs has caused a series of legal problems in practice. The most prominent of these are the fundamental problems of these quasi-bankrupt SMEs Inability to repay other corporate debt. Even if it is declared bankrupt, its entire property can only be paid off with very little debt