Research On The Difficulties And Countermeasures Of Bankruptcy In The Process Of "Execution Into Bankruptcy "

In 2015,the Supreme People's Court of China promulgated the "Interpretation of the Application <Civil Procedure Law of the People's Republic of China>",which officially stipulated the "Execution into bankruptcy" procedure.In 2017,the Supreme People's Court issued the "Guiding Opinions on Several Issues Concerning the Implementation of the Transfer of Bankruptcy Cases",and made specific and detailed provisions on the operational procedures of the "Execution into bankruptcy" procedure,providing judicial practice for "Execution into bankruptcy".However,in the three years of this regulation,the number of cases of “Execution into bankruptcy” was small,and the application rate of “Execution into bankruptcy” was low,and the practical effect was not satisfactory.On the other hand,under the dual influence of the international market situation and domestic economic reforms,enterprises are facing the thought of withdrawing from the market or reorganizing and regenerating.Judicial practice faces two major problems: “difficulty of execution” and “difficulty of bankruptcy”.The process of “breaking through” is still not perfect,so it is necessary to conduct research and discussion in theory to provide a feasible solution for judicial practice.The “Execution into bankruptcy” procedure makes it possible to link the executive procedure with the bankruptcy procedure.However,in practice,there is not much application to the “Execution into bankruptcy” procedure,mainly because the bankruptcy process is faced with difficulties in the “transfer”.Based on this,this paper combines the general theory and system investigation of the "Execution into bankruptcy" procedure,analyzes the dilemma of bankruptcy initiation in the "Execution into bankruptcy" procedure,and proposes corresponding improvement countermeasures and suggestions.It is hoped that through analysis and argumentation,we can better understand the "Execution into bankruptcy" procedure,and make it play its due role in regulating market order and integrating social resources.This paper research according to the general theory and system investigation of the "Execution into bankruptcy" procedure,the dilemma of bankruptcy initiation in the "Execution into bankruptcy" procedure,and the improvement of the countermeasures and suggestions for the initiation of the bankruptcy procedure in the "transfer" process.In addition to the introduction and conclusion,it is mainly divided into three parts.The first part mainly introduces the general theory and institutional investigation of the “Execution into bankruptcy” procedure.At the general theoretical level,it describes the connotation,value goal and functional orientation of the “Execution into bankruptcy” procedure;at the level of institutional investigation,it explains the current institutional composition and operation of the “Execution into bankruptcy” procedure.The second part mainly analyzes the dilemma of bankruptcy initiation in the process of “Execution into bankruptcy”,which is discussed from the following aspects: insufficient supply of current legal system,lack of motivation for bankrupt applicants,insufficient allocation of judicial resources,and weak external linkage mechanism.The third part combines the above-mentioned general theory and system investigation of the "Execution into bankruptcy" procedure,as well as the in-depth discussion of the predicament of bankruptcy initiation in the "Execution into bankruptcy" procedure,and puts forward the countermeasures to improve the bankruptcy program in the "breaking and breaking" process.It is recommended to refine the four aspects of improving the supply of legal systems,stimulating the power of bankrupt applicants to apply for bankruptcy,optimizing the allocation of judicial resources,and improving the external linkage mechanism.It has become an innovative way of judicial practice to explore and perfect the "Execution into bankruptcy" procedure,opening up the exit channel for the execution of non-cases,and applying the bankruptcy system to optimize market resources.Working together to play the due function of the two major procedures of execution and bankruptcy will not only help the creditors to realize their creditor's rights,but also benefit the healthy operation and development of the society.