Research On The Legal Problems About The "Bankruptcy Initiated By The Court" In Civil Execution

The "Bankruptcy initiated by the court" system in civil execution is the supreme people's court announced on February 4,2015 "about apply 'the civil procedure law of the People's Republic of China' the interpretation " of a new set of a system,is he system innovation on the basis of judicial practice experience.The system by putting a case on the import of bankruptcy proceedings,to implement into the channel of bankruptcy case,implementation of resolving the difficult execution and bankruptcy proceedings start difficult system operation impeded,the function to display the dual purpose of bankruptcy law dilemma.Perform the primary part of the case is transferred for bankruptcy is performed and the cohesion of bankruptcy,and "Bankruptcy initiated by the court" operation mode is the core of the case and bankruptcy case cohesion,related to the execution case can in accordance with the law,efficiency,smoothly into bankruptcy and bankruptcy proceedings.Yet since the system implementation,because the parties apply for motivation is not strong,the low efficiency of bankruptcy proceedings caused by the process cycle is long,don't concretely discuss bridging specification is not clear,and so on reasons cause this should be a blowout "Bankruptcy initiated by the court" case no growth,"difficult to execute" problem is not solved."Bankruptcy initiated by the court" in this article,through analysis of the current system,the problem existing in more outside of bankruptcy start up mode and the provisions of the "Bankruptcy initiated by the court" program,draw a simple application for bankruptcy of socialism boot mode already cannot satisfy the ever-changing market economy activity,also can't solve the conflict of interest between the parties as a result of bankruptcy to start the difficult problem.In combination with the above two aspects,it is concluded that we should construct the system of "holding the transfer" system.Also need advice and simplified shunt bankruptcy mechanism is constructed to increase the overall efficiency of the "Bankruptcy initiated by the court",establish the bankruptcy benefit cohabitant mechanism,incentive mechanism such as perfecting the enforcement procedure and bankruptcy of cohesion,promote "Bankruptcy initiated by the court" smooth start and propulsion system.