Research On The Starting Mechanism Of China's Bankruptcy Procedure From The Perspective Of The Executive Turn Broken

The bankruptcy law regulates the exit mechanism of enterprise legal persons in the market economy.In reality,many companies are in a state of suspension of business or revocation.Although they have bankruptcy reasons,they are not subject to bankruptcy liquidation due to various factors,resulting in many of the practices being unable to perform due to execution.The suspension of the implementation of the accumulated case affects the market economic order and damages the legitimate rights and interests of the vast number of creditors.At the same time,a large number of cases were piled up in the process of implementing the procedures,which caused the cases of the enforcement courts to pile up and accumulated for a long time to become “draw-out cases” and formed the “difficulties in execution”.On the one hand,the implementation of the backlog of cases resulted in problems of “difficulties in execution”;on the other hand,bankruptcy cases were difficult to start and the number of cases was small.The implementation of the bankruptcy law was in a “dismal” state for a long time,which seriously affected the functioning of the bankruptcy law.The commencement of bankruptcy proceedings is a prerequisite for the functioning of the bankruptcy law.At present,the single party's application for the initiation of bankruptcy proceedings can no longer meet the legal and social needs.2015 Supreme People's Court,"the interpretation of applicable <Civil Procedure Law of People's Republic of China> the" in Article 513 to Article 516 establishes the execution turn the bankruptcy system,in January 2017 the Supreme Court "on the implementation of the bankruptcy case is transferred to review a number of issues guidance " to further improve the implementation of the convergence issues and insolvency proceedings."Executive turn broken" formed basically completed,it is to implement the CPC Central Committee on major decisions supply-side structural reforms to increase efforts to dispose of zombies enterprises,promote the optimization The more important significance of the effective measures for production capacity and structural adjustment is to enrich the starting mechanism of bankruptcy procedures in China.However,the implementation of the transfer to bankruptcy system has just been established,and it needs to be continuously optimized during the course of practice.In particular,it is based on the complexity and irreversibility of the bankruptcy proceedings.It also requires the improvement of the system and the exploration of practice.In order to improve the implementation of the bankruptcy system and give better play to the role of the implementation of the bankruptcy system in the initiation of the bankruptcy proceedings,this paper will summarize and summarize the current research results in the field of bankruptcy transfer through literature research and comparative research,and reflect on the existence of problems and can learn from.Starting from the current status of bankruptcy proceedings in judicial practice in our country,we analyze the causes of the current status of bankruptcy proceedings,and conclude that the implementation of bankruptcy proceedings as the starting point for bankruptcy proceedings has system superiority.The implementation of the bankruptcy transfer system not only can digest the implementation of the implementation of the accumulation of cases,solve the difficult problem of implementation,but also become one of the sources of bankruptcy cases,enriched the way bankruptcy cases were initiated,and promote the implementation of the bankruptcy law and the function of play.Prior to the implementation of the transfer to bankruptcy system,some courts have tried to implement judicial practices in transition to bankruptcy proceedings.The procedure has achieved certain results in the disposal of zombie companies and the accumulation of cases in execution procedures,but there is no strong legal support from the legal basis.The establishment of the implementation of the transfer to bankruptcy system in 2015 provided a legal basis for the implementation of the judicial practice of bankruptcy,however,the institutional rules provide a more macroscopic view,and the details of the conversion are not stipulated.From the perspective of execution to bankruptcy,this paper analyzes the problems and causes of the present judicial practice of bankruptcy law in China,and based on the experience and lessons learned in the current judicial practice of bankruptcy law in China,it is proposed from two aspects: the subject of rights and the rules of the system to improving the countermeasures and suggestions for the initiation mechanism of bankruptcy proceedings in our country.For example,borrowing from the merits of implementing the prioritization,in the bankruptcy distribution,give priority to the subject actively promoting the bankruptcy procedure,explore the mode of easy trial that suits the characteristics of the execution bankruptcy case,etc.,in order to exert the value function of the bankruptcy law and solve the problems faced in judicial practice.