Research On The Mechanism Of The Execution Procedure And The Bankruptcy Procedure

The difficulties in implementation and bankruptcy initiation have long been a problem.On the one hand,the execution procedure cannot effectively clear out market entities,leading to the existence of a large number of enforcement cases where the corporate entity is unable to pay off debts;on the other hand,it is constrained by many factors such as judicial status,supporting measures and cognitive concepts.Cases seldom entered the bankruptcy process and they were not completed in time.This caused a large number of cases to be accumulated,judicial resources were consumed in large numbers,and the market was disorderly.China has put forward the implementation of the bankruptcy system according to actual needs,but this system is still in a perfect stage.The solution to the aforementioned problems has not yet reached expectations.Under such circumstances,efforts should be made in terms of theory and systems to meet the requirements of bankruptcy.The implementation of insolvency cases enables the market to clear through bankruptcy procedures and build a more complete exit system for market players.In response to the above problems,the author regards the link between execution procedures and bankruptcy proceedings as the central issue of the article and elaborates on it through four parts:The first part is about the status quo of domestic and foreign related legislations implementing procedures for bankruptcy proceedings.A summary of the relevant legislative provisions and practical practices of the country on the system,and then contact the relevant legislation outside the domain,to provide adequate theoretical support for the development of the following.In the second part,the implementation of the procedures for the implementation of procedures for bankruptcy proceedings in our country.Analyze the relevant data to obtain the current status of the application of this system in practice in China,so as to further analyze the obstacles in the application process of the transfer of bankruptcy procedures.The third part is to improve the practice and theoretical basis for implementing the system of bankruptcy.Through practical examples,the practical significance of this system is analyzed.At the same time,the necessity of continuing to improve this system is demonstrated in terms of the overlap in the function of execution procedures and bankruptcy procedures and the dissimilarity,fairness,and efficiency in behavioral patterns.The fourth part is to improve the targeted measures and recommendations for institutional construction.First,allow more subjects to start bankruptcy proceedings when conditions are fulfilled;Second,give courts the authority to start bankruptcy,and at the same time pay attention to training specialized bankruptcy judges;Third,further refine and improve the core links and increase the operability of the program;Give play to the advantages of simple bankruptcy procedures;V.Reasonably solve the problem of bankruptcy expenses.