Research On The Linkage Mechanism Of "Execution To Bankruptcy"

The smooth operation of the market trading order needs to rely on the smoo th realization of the creditor debt relationship to guarantee the escort.When th e creditor debt relationship cannot be reasonably resolved,the execution proced ure and the bankruptcy procedure as the debt repayment procedure should assu me their respective functions to ensure the creditor debt relationship harmoniou s and stable.But in the judicial practice,on the one hand,the cases of enterp rise execution failure account for a very high proportion in many execution cas es,which are difficult to be successfully terminated.While occupying a large a mount of judicial resources,they also seriously reduce the judicial authority an d judicial credibility.On the other hand,the current situation of bankruptcy cas es starting difficult and the function of bankruptcy proceedings not being effect ively played is difficult to change,which adversely affected the creation of a market economy.Since the Supreme People's court formally established "execut ion to bankruptcy" in 2015,the number of cases accepted by courts across the country is not optimistic,which has not achieved the expected effect of resol ving the dilemma of "enforcement difficulty" of courts and promoting the appli cation of bankruptcy law.In order to better adapt to the needs of practice,this paper discusses the res earch on the cohesive mechanism of "execution to bankruptcy" through empiric al research,case analysis and other research methods,taking the existing legal provisions as the research starting point.First of all,the introduction leads to t he research background of the poor connection of "execution to bankruptcy".O n this basis,it points out four outstanding problems in the starting subject,lev el jurisdiction,the absorb of execution procedures and insolvency procedures,a nd bankruptcy proceedings.In-depth inquiry into the specific causes of the diff iculty in effectively linking up the "execution to bankruptcy",including the un willingness of the parties to start the "execution to bankruptcy" after weighing the interests of the parties;the current provisions of the intermediate people's c ourt as the main jurisdiction court are too idealistic;the information sharing pl atform has not been opened between the execution procedure and the bankrupt cy procedure;the current bankruptcy procedure is tedious and time-consuming,which is difficult to meet the needs of the connection of the "execution to ban kruptcy",indicating the progress of the "execution to bankruptcy" improvement direction.Then,it introduces the perfect principle of "execution to bankruptcy",that is,the principle of execution and bankruptcy combination,the principle of bankruptcy priority;the principle of unity of fairness and efficiency;the pri nciple of proportion,which provides the macro level guidance for the smooth connection of "execution to bankruptcy".Finally,in view of the above problem s,the corresponding improvement countermeasures are put forward,that is,to improve the starting mechanism of "execution to bankruptcy",to encourage and guide the parties to start "execution to bankruptcy",at the same time,to buil d the starting mechanism of bankruptcy procedure which is mainly based on th e parties' application doctrine and supplemented by the court's authority doctrin e;to correct the level jurisdiction rules of "execution to bankruptcy",adopting the practice consistent with the level jurisdiction rules of bankruptcy law,the r egistration authority of the person subjected to execution shall determine the le vel jurisdiction of the case of " execution to bankruptcy ";enforcement docking is promoted,so that the bankruptcy procedure can better absorb enforcement query results,property evaluation reports,execution auction results and other en forcement results;based on the inherent advantages of the "execution to bankru ptcy" system design,the simple bankruptcy procedure is constructed by linking enforcement procedures,with a view to promoting the implementation The eff ective connection of "execution to bankruptcy" provides our own opinions.