Research On Several Legal Issues Of The Conversion Of Executive Procedure To Bankruptcy Proceedings

In the process of civil and commercial cases,judgment is difficult and enforcement is a common phenomenon.The so-called "late dispute is not justice",and the winning party can not get aid in time is the injustice of the law,which is also contrary to the policy of building a socialist country under the rule of law and building a society ruled by law.In addition,in some places,the people's courts,in order to settle the case as soon as possible,do not hesitate to enforce the judgment in violation of the law.Therefore,how to design the system of connection between execution and bankruptcy procedure from legislation is a great challenge for legislators at present,and also an urgent need to solve the difficult legal problems of enforcement.In this paper,through the comparison and connection of the system execution and bankruptcy system of bankruptcy to perform analysis,combined with the practice,on the basis of the initiative by the people's court procedure system of enterprise bankruptcy,look forward to operation in our bankruptcy proceedings and execution of the program is more.This paper is divided into five parts,namely introduction,overview of civil enforcement and bankruptcy procedures and implementation procedures into bankruptcy proceedings the significance and difficulties,compared to the foreign executive procedure of bankruptcy related theoretical research,finally meet China's actual implementation of bankruptcy procedure is proposed to.From a large number of judicial practice,the creditor will maximize the benefits based on the consideration of the rejection to the court for bankruptcy,it will make a large number of cases cannot be executed can not timely access to court enforcement,nor through bankruptcy proceedings closed,often there will be "difficult to execute" situation.From the perspective of legal policies in foreign countries,the parties take the initiative to apply to the court for bankruptcy is not the only method of starting procedure,the specific provisions of China such as Shanghai,Zhejiang and other regions of the court also issued on the basis of the inquisitorial "hold turn broken".At present,China should set up a unified regulation of the "power to change" norms,and should be bankrupt and not bankrupt of the implementation of the case,as soon as possible to use the functions and powers into bankruptcy procedures.