Research On The Bankruptcy Initiated In Civil Enforcement

There is a common phenomenon that it's easy to win in a trial but difficult to enforce in the civil cases,Our country establishes a new system that is bankruptcy initiated in civil enforcement in laws.It has a series of basic prevision in the starting conditions,jurisdiction,trial procedure and supervision system with the introduction of relevant laws and regulation.This article offers some proposals and questions in the laws,considers how to improve enterprise bankruptcy initiated in civil enforcement and innovative improves opinions in the supporting system.This study includes four aspects:summary of bankruptcy initiated in civil enforcement,obstacles that system is faced and how to improve it.This study will offer the proposal how to pectoral the system that establish the compulsory bankruptcy initiated in civil enforcement by the court,simplified bankruptcy procedure and train judge's professional diathermy.in order to play a positive part in bankruptcy initiated in civil enforcement.The first part is the concept of bankruptcy initiated in civil enforcement and necessity of its existence,embodies the fair compensation principle,safeguards the legitimate interests of the parties,corrects argumentation of the enforcement agents,the number of strong increase in bankruptcy cases.analysis constant and procedures of the latest laws by the "Guidance".that is the overall bankruptcy initiated in civil enforcement in our country.The second part presents shortcomings where is unitary proposer,inadequate start-up of operations and fuzzy trial standard form the searching the "Guidance" and referencing experience in our gilt court's work.This system needs further legislative provisions.The third part mainly put forward proposals for the bankruptcy initiated in civil enforcement,such as the proposed create a bankruptcy fund,compulsory bankruptcy initiated by the court,simplified bankruptcy procedures,a distinction should be made between the simple and complex tasks,sets the institution had a close cooperation,strengthen business training and supporting some measures to cope with bankruptcy initiated in civil enforcement.