Research On The Linkage Mechanism Of Civil Enforcement To Bankruptcy Procedure

In 2015,the Supreme People's Court promulgated the Interpretation of the Supreme People's Court on the Application of the Judicial Interpretation of the Civil Procedure Law of the People's Republic of China(hereinafter referred to as the Judicial Interpretation of the Civil Procedure Law)and established the system of execution to bankruptcy.In order to further refine the implementation of the bankruptcy transfer system and increase the operability of the system,in 2017,the Supreme People's Court issued the Guiding Opinions on Several Issues Concerning the Transfer of Enforcement Cases to Bankruptcy Review(hereinafter referred to as the Guiding Opinions).The execution-to-bankruptcy procedure opens the bridge between execution and bankruptcy acceptance,and transfers the cases of non-execution to bankruptcy review.But in fact,since the implementation of the system of bankruptcy from execution to bankruptcy,its actual effect is not ideal.A large number of cases executed by enterprise legal person as the executed person can not withdraw from the execution procedure,which aggravates the current situation of difficult execution,and also damages the interests of creditors,even debtors.This paper theoretically analyses the similarities and differences between execution and bankruptcy proceedings,as well as the rationality and necessity of executing the procedure of bankruptcy transfer.At the same time,according to the actual situation of judicial practice in various places in accordance with the provisions of the Guiding Opinions issued by the Supreme People's Court in 2017,it explores the practical reasons for the unsatisfactory application of the rigid transfer,and puts forward the difficulties in starting and transferring the bankruptcy of the According to the current judicial environment and economic background of our country,this paper puts forward the appropriate system conception of starting execution of transfer of bankruptcy according to authority,the suggestion of standardizing transfer review criteria,the significance and way of determining the jurisdiction of transfer court and the related supporting procedures of execution of transfer of bankruptcy procedure.Suggestions on the improvement of order setting.It provides a limited reference for the theoretical enrichment of the system of bankruptcy proceedings and the application of each link.