Bankruptcy Proceedings Start Studies

In judicial practice, no property available for the enforcement of a large number of civil cases to some extent, causes the "enforcement difficulty ". The case that meeting bankruptcy conditions cannot be settled through the bankruptcy procedure. The bankruptcy procedure has never been implemented where the issue of the bankruptcy caused during the enforcement procedure. The author believes that initiating the bankruptcy would be the key issue. This paper is stressed in the bankruptcy initiation from the perspective of the enforcement procedure as well the bankruptcy procedure, in order to clarify the misunderstanding in the judicial practice, and benefit the law progress.This paper is formed by four parts, the first part is focused on the basic theoretical issues, explaining the meaning of bankruptcy as well its implementation, and the key elements for the initiation of the bankruptcy procedure, in addition, this part analysis the individual from the application program execution to the bankruptcy commencement for a legal perspective. The second part summaries the insolvency proceedings of Two Schools of Comparative Law summed up the Enlightenment. The third part from the execution can not come to the insolvency proceedings of the point of insolvency proceedings, our analysis of the current situation and problems, including not to implement the legislative status of insolvency proceedings, practical obstacles, analysis, and on this basis, further defined and implementation of procedures to distinguish the rational positioning of the insolvency proceedings. The fourth part of the process of convergence and execution from the point of insolvency proceedings to propose solutions to this problem, respectively, from the parties to apply for insolvency proceedings to promote and establish the insolvency proceedings of the Court discussed two fronts.