On The Bankruptcy Procedure Of Our Country In Accordance With The Terms Of Reference

The enterprise bankruptcy law is a basic law guarantee the order of the market economy, provides the path to rule of law for the enterprise, the enterprise save exit. In the current domestic economic transformation and upgrade to speed up the pace, a large number of enterprises operating difficulties, debt crisis, how to make the company orderly exit or rebirth in what has become a zombie companies or survival difficult situation, it is worth pondering research. China’s current bankruptcy procedures implemented the single doctrine of application completely exclude the authority principle, a large number of the enterprise should be entered bankruptcy proceedings in reality,are not willing to file for bankruptcy by creditors and debtors consider their own interests, resulting in our court awkward helpless exit in exercise of interpretation right after the bankruptcy case "start to play" issue has directly restricted the role of the bankruptcy system. The author believes that, in the current bankruptcy proceedings start to apply the theory of authority doctrine as the exception has become the great background of international rule, the establishment of China’s bankruptcy the inquisitorial system, has a great practical significance for the fair protection of all the creditor’s legitimate rights and interests, to break the current bankruptcy cases "start" difficult stalemate, perfect and orderly development of enterprises the orderly exit from the market mechanism, safeguard judicial authority, to promote the socialist market economic order.