“执破融合”机制在中小电商破产中的适用研究

Research on the Application of “Integration of Enforcement and Bankruptcy” Mechanism in the Bankruptcy of Small and Medium-Sized E-Commerce Enterprises

摘要: 中小电商作为数字经济的重要载体，其破产案件呈现“财产虚拟化、债权分散化、经营轻量化”的显著特征，传统执行与破产程序的割裂已难以应对其市场退出与挽救需求。“执破融合”机制通过程序协同与资源整合，成为破解上述难题的关键路径。本文基于执行程序与破产程序的功能协同理论，以雨湖法院“社区团购平台预收款清退案”为分析样本，系统解构中小电商破产中“执破融合”的具体应用，系统分析该机制对于电商发展的积极作用，同时构建适应电商特点的破产预警机制、电商破产财产处置模式、优化电商破产配套保障体系等具体措施，实现“执破融合”机制与中小电商破产场景的精准适配。

Abstract: As vital components of the digital economy, small and medium-sized e-commerce enterprises exhibit distinct characteristics in bankruptcy proceedings: asset virtualization, dispersed creditor claims, and streamlined operations. The traditional separation between enforcement and bankruptcy procedures has become inadequate to address their market exit and recovery needs. The “integration of enforcement and bankruptcy” mechanism, through procedural coordination and resource integration, has emerged as a critical solution to these challenges. Building on the theory of functional synergy between enforcement and bankruptcy procedures, this study analyzes the “Yuhu Court Community Group Buying Platform Advance Payment Refund Case” as a case study. It systematically examines the practical application of “integration of enforcement and bankruptcy” in SME e-commerce bankruptcies, evaluates the mechanism’s positive impact on e-commerce development, and proposes concrete measures, including establishing e-commerce-specific bankruptcy early warning systems, optimizing bankruptcy asset disposal models, and improving supporting guarantee mechanisms. These efforts aim to achieve precise alignment between the “integration of enforcement and bankruptcy” mechanism and the bankruptcy scenarios of small and medium-sized e-commerce enterprises.