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企业破产法拟明确：破产申请审查期间法院可对债务人财产给予保护,企业破产法拟明确：破产申请审查期间法院可对债务人财产给予保护_我的网站
A | 北京8月25日电 (记者 郭超凯 张素)企业破产法修订草案二次审议稿25日提请十四届全国人大常委会第二十四次会议审议。 修订草案规定，破产申请提出后至人民法院受理前，债务人的财产存在贬值或者被恶意转移等紧急情况的，当事人可以申请人民法院采取中止执行或者保全措施；必要时，人民法院可以要求当事人提供担保。 New Delhi, Oct 14 (UNI) The National Human Rights Commission (NHRC) on Friday issued notices to Union Ministries of Women & Child Development, Ministry of Social Justice & Empowerment, the governments of Karnataka, Kerala, Tamil Nadu, Andhra Pradesh, Telangana and Maharashtra over menace of Devadasi system, calling for a detailed report in the matter.
The report must contain the supporting data mentioning the steps taken/proposed to be taken by the authorities to prevent the Devadasi system and to provide the Devadasis rehabilitation and social security so that they could lead their lives with dignity. It should also mention whether any local laws have been enacted in the States to prevent such social evil, and if not what steps have been proposed to be taken to eradicate it, NHRC in a statement stated.
The Commission took suo motu cognizance of a media report on the continued menace of Devadasi system, especially in southern part of India. Reportedly, the Karnataka and Andhra Pradesh governments had declared this tradition of Devadasi as illegal in the year 1982 and 1988, respectively. However, reportedly, over 70,000 women have been leading their lives as Devadasi in Karnataka alone, it stated.
A Commission constituted under the chairmanship of Justice Raghunath Rao had reportedly held that there are 80,000 Devadasis in the States of Telangana and Andhra Pradesh, it added.
Issuing the notices, the Commission observed that a few years back, it had received a complaint regarding the malpractice of Devadasi in the States of Tamil Nadu and Andhra Pradesh. In response to its notices, the state authorities had denied the allegations. Various laws have also been enacted in the past to stop the malpractice of the Devadasi system but it is still prevailing, as the news report indicates. The Apex Court has also taken a stern stance in condemning the malpractice of dedicating young girls as Devadasis. It has described the practice as an evil done to women by subjecting them to sexual exploitation and prostitution. This is a serious issue of violation of Right to Life, Dignity and Equality of these victim women, it added.
UNI CM SHK2145。 有的地方、单位和专家建议，借鉴一些国家的做法，明确在破产申请审查期间人民法院可以决定对债务人财产给予临时保护，以保证破产程序有序进行。
B | 对此，修订草案二审稿明确，申请人提出破产申请后至人民法院作出裁定前，债务人、债权人可以申请人民法院临时中止有关债务人财产的执行程序；临时中止执行期间，未经人民法院同意，债务人不得对个别债权人进行清偿，不得实施重大财产处分行为。 此外，为明确本法的域外效力，完善我国法院对跨国破产案件管辖权等规定，修订草案二审稿作出修改。其中，恢复现行法的规定，明确依照本法开始的破产程序，对债务人在我国领域外的财产发生效力。 修订草案二审稿还增加规定，债务人住所地位于我国领域外，但财产位于我国领域内或者与我国存在其他适当联系，或者由我国法院管辖更有利于保护债权人利益的，我国法院可以行使管辖权。
C |
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