Construction Of Institutional Bankruptcy Civil Enforcement Cases

The system of authority bankruptcy in civil execution cases is the connection between the execution procedure and the bankruptcy procedure of the authority doctrine,which has the singleness of the main body of the program,the particularity of the starting time of the program,the limitation of the object of the procedure,the diversity of the effect of the program starting,and the control of the multiple characteristics of the validity of the property of the debt affairs.There are theoretical and legislative responses to the system in our country.In theory,one is in favour of the theory,one is against the theory of opposition;the judicial interpretation of the legislative Civil Procedure Law(Draft)and the third draft of the Civil Compulsory Enforcement Act also explore a lot.Although the system has no been setting up yet,in combination with the practice of outside related experience,the system is necessary to be established to deal with the difficult starting of the bankruptcy system,to solve the backlog of execution cases,to give consideration of the principle of fairness and efficiency,and to maintain the order of the market economy.And the establishing of the system is also feasibility,for it accord with the purpose and spirit of the legislation of the bankruptcy law,has a certain legislative basis and practical basis,and is feasible to meet the requirements of the market exit mechanism and the job requirements of execution.Also there are solutions to the barriers to building the system.On the basis of the above,the system of power bankruptcy in civil execution cases can be constructed from two aspects of implementation conditions and applicable procedures to perfect our country’s execution system and bankruptcy system.