Application And Perfection Of China's System Of "Execute To Bankruptcy"

Accompanied by the "Executive Interpretation of the Supreme People's Court on the Application of the People's Republic of China Civil Procedure Law" and the "Guiding Opinions on Several Issues Concerning the Transfer of Bankruptcy Cases of Enforcement Cases" in 2015,the system of "Execute To Bankruptcy" has become the current national The hot spots of local courts' implementation work,scholars and court executive staff are also actively exploring the practice of this system.However,because there are no more specific institutional norms and uniform applicable standards,local courts have different practices in practice and the implementation of the "Execute To Bankruptcy" system has not yet reached legislative expectations.On the basis of existing cases and in combination with the judicial practice of the local courts of Jiangsu and Guangdong,this article has conducted a more in-depth study of the existing problems of our country's "Execute To Bankruptcy" system,and has discussed the existence of our country's "Execute To Bankruptcy" system.Problems,such as putting forward simple "Execute To Bankruptcy" procedures,simplifying bankruptcy procedures,and vigorously improving the professionalism of bankruptcy judges,tried to put forward sound suggestions.This article is divided into three parts:The first part is an overview of China's system of "Execute To Bankruptcy".A detailed analysis was made of the original intention,function positioning,and applicable principles of the establishment of the company.At the same time,in this part,we also carefully analyzed the existing laws and regulations on China's "Execute To Bankruptcy" system,and made a relatively smooth scrutiny of the legislative system of the "Execute To Bankruptcy" system.The second part is about the judicial application and existing problems of China's "Execute To Bankruptcy" system.Take the actual practice of the T District People's Court in J Province as an example to analyze the actual application of the current court in dealing with the "Execute To Bankruptcy" and point out the characteristics of the system of "Execute To Bankruptcy",and analyze the problems faced by the current "Execute To Bankruptcy" system in China.And try to analyze the causes of the existing problems.The third part is to improve our country's "Execute To Bankruptcy" system.From the two aspects of perfecting the procedure setting and strengthening the guarantee of the system,we put forward suggestions for improving our system of "Execute To Bankruptcy".