The Solution To The Problem Of Starting Bankruptcy Proceedings

China's existing Bankruptcy Law is now inevitably encountered with the awkward situation that bankruptcy cases are“hard to be initiated”and“hard to be accepted”.With the explosion of court execution cases in recent years,a large amount of executed enterprises with implementing incapability did not entered into the bankruptcy proceedings,which has worsened the problem of unenforceability.Under the background of legal prosecution of zombie enterprises,service supply side structural reform and perfection of socialist market economy system,these problems in juridical practice are becoming prominent day by day requiring for urgent solution.This article is divided into three parts:introduction,main body and conclusion.The main body part is divided into four chapters:Chapter 1 has briefly summarized the development history of Bankruptcy Law in the whole world and China,elaborated the fundamental principles of China's three existing bankruptcy proceedings,and specifically discussed and concluded that two purposes of bankruptcy proceedings should be“equally protecting creditor's interest”and“maintaining public interest and order of the market economy”.By starting from the examination requirement for bankruptcy application,Chapter 2 has summarized three important conditions when initiating substantive examination in bankruptcy proceedings,and made comprehensive organization and analysis on these three conditions by combining with relevant laws and regulations in China's bankruptcy proceedings,and then made reflection and discussion on China's existing institutional arrangement from the perspective of three important conditions.Starting from the self-interest of main participants in numerous bankruptcy proceedings of bankruptcy practice,Chapter 3 has systematically analyzed reasons why they are reluctant to initiate bankruptcy proceedings,and found out the practical problem of underpowered initiation of bankruptcy proceedings.Starting from the purpose of consummating procedures of implementing transfer bankruptcy,Chapter 4 has proposed some institutional suggestions and practical countermeasures.On the other hand,this chapter starting from the demand for perfecting bankruptcy substantive examination system,has proposed creditor's bankruptcy application right for undue claims,and conditions to restrict guarantor from being filed for bankruptcy.Then the chapter has proposed some suggestions from the perspective of standardizing bankruptcy application conditions mainly including improving the operability of bankruptcy cause examination,reducing the judging standard of bankruptcy reasons,reasonably distributing the burden of proof in bankruptcy examination,and formulating measures to prevent malevolent application or bankruptcy fraud.