Research On Legal Problems Of "Execution To Bankruptcy" In Civil Execution

In civil execution cases,there are a large number of cases that meet the bankruptcy conditions and take the enterprise legal person as the respondent are overstocked.At the same time,the bankruptcy procedure with fair settlement of creditor’s rights can not really play an effective role.Thus,there is a phenomenon that using execution capacity to deal with bankruptcy problems in judicial practice.In this context,the “execution to bankruptcy” system was born.As two different creditor’s rights settlement mechanisms,the former is individual execution and maintains individual creditor’s rights,while the latter is general execution,focusing on the fair settlement of all claims.The two systems are complementary and symbiotic.It is the common value orientation and orientation choice of the two systems to turn the execution into bankruptcy and establish the execution exit mechanism.In the process of execution,the person subjected to execution appears the legal situation of bankrupt,whether to save or exit,should go into the bankruptcy to save all the problems.However,the implementation of the system has not achieved the expected effect at the beginning of the establishment of the system,it still needs to be further improved.After the judicial practice in recent years,the research of“execution to bankruptcy” system in the issues of starting and implementing procedures and connection between the two systems have become mature,but the research on the lack of system in legislation and safeguard measures after the start of procedure is not mature.Based on the literature analysis,empirical research and value analysis,this paper analyzes the bottleneck problems,such as the gap existing legislation,enforcement and jurisdiction conflicts in the process of system running,“execution to bankruptcy”institutional guarantee mechanism is imperfect and so on.In addition,it connects with the foreign legislation,based on the reality,puts forward some feasible suggestions for perfection,so as to achieve the starting point of accelerating the implementation process of the system of “execution to bankruptcy” and achieve the win-win situation.Figure 3;Table 0;Reference 40...