The Legislative Study On The Condition Of The Implementation Of The Bankruptcy Review In China

Recently,many cases have appeared some problems just like the problem of difficult enforcement of judgments and zombie enterprise,based on this practice,china's judicial interpretation stipulates the conditions for the examination of the execution cases transferred to bankruptcy.its condition is divided into main condition,object condition,reason condition and meaning condition,but in practice,there is a question of whether the applicability is good or not,in order to play its original role,safeguarding the creditor's lawful rights and interests and the social public interest,The relevant suggestions to be perfected in legislation.this paper explains the viewpoint of this article in the innovation of system.In legislation,The situation that the subject is negligent in exercising the application for bankruptcy review,The author suggests that the administrative penalty mechanism should be introduced to promote active application and enlarge the scope of application subject,avoid the embarrassment of no one applying;on the problem of determining the essential conditions of the bankruptcy condition,The author puts forward that the substantive conditions of the bankruptcy conditions should be strictly determined and that the procedure of enforcing the liquidation should be improved between the execution procedure and the bankruptcy procedure;The requirement of "consent" for the transfer of bankruptcy examination to the meaning condition namely the execution case,this paper argues that the implementation of the Court's system of commencement of insolvency proceedings on the basis of consent to this autonomy can be increased to address this problem.The article structure is divided into three chapters.the first chapter gives a basic overview and analysis of the conditions for the implementation of the bankruptcy review,and states the significance of legislation for the implementation of the bankruptcy review.The second chapter combines the present situation of legislation,including domestic and extraterritorial,and combining with judicial practice,points out the problems existing in the application of the case transfer bankruptcy review.The third chapter is the response to the question of the second chapter,and puts forward the perfect proposal of legislation from three aspects: subject condition,reason condition and meaning condition.