Study On The Linkage Of System To Bankruptcy Procedure

In December 2015,China's Supreme People's Law promulgated the "Interpretation on the Application of the" Civil Procedural Law of the People's Republic of China"(hereinafter referred to as the "Interpretation of the Civil Procedural Law").Regulations.In January two years later,China's Supreme People's Court issued "Guiding Opinions on Several Issues Concerning the Transfer of Bankruptcy Examinations for Enforcement Cases"(hereinafter referred to as the "Guiding Opinions"),which further regulated the review of the transfer of bankruptcy cases for enforcement cases.Orderly connection has a very strong promotion effect.In March 2018,China's highest judicial organ issued the "Minutes of the National Court's Bankruptcy Trial Work Meeting"(hereinafter referred to as the "Minutes of the Meeting"),which provides a more adequate guarantee for the implementation of the specific procedures for the execution of the transfer and breaking procedures.However,since the promulgation of the above-mentioned regulations in judicial practice,the application rate is relatively low,and the actual execution of cases transferred to bankruptcy is very rare,resulting in the emergence of a large number of "zombie enterprises.In view of the above problems,I put forward my own opinions.and suggestions on how to improve the connection system for the execution of bankruptcy proceedings,and analyze it in four chapters:The first part is the execution procedure transfer bankruptcy procedure overview.Based on the existing research results in China,this chapter introduces the concept,main features and the value function of the system of implementing bankruptcy.The second part is the current situation of domestic laws and regulations and the operation of judicial practice.On the basis of summarizing the relevant legislation and practice of this procedure in our country,data analysis is carried out to discuss the application of this system in judicial practice in detail,so as to deeply explore the problems existing in the application of this system in law.The third part mainly analyzes the difficulties and specific reasons for the execution of the transfer and breaking procedures in China,including the difficulty in starting the execution of the transfer and bankruptcy procedures,the unclear review standards,the imperfect transfer procedures,the lack of supervision mechanisms,and the lack of specific safeguard mechanisms.In order to execute the information transfer to bankruptcy asymmetry,the lack of complicated diversion mechanism,etc.The fourth part,the specific countermeasures for the implementation of the bankruptcy proceedings in response to the above problems include:through legislation to modify China's single start-up model to enhance the enthusiasm of the parties to start,thereby improving the application rate of the bankruptcy process,establishing a guarantee mechanism for the execution of the bankruptcy The procedures in our country can be executed in an orderly and efficient manner to resolve the backlog of cases.