The Practical Problems And Perfect Countermeasures Of The Mechanism From Execution To Bankruptcy In Anhui Province

In recent years,it has become more and more obvious in the judicial practice that many creditors of the executed enterprise increase the risk of business failure due to the establishment of guarantee.Once the property of the executed enterprise is not enough to pay off all the debts,the court can not achieve centralized and fair payment and maintain social stability only by relying on the enforcement procedure.On the contrary,the contradiction of creditor's rights is easy to intensify,and the pressure of letters and visits between the government and the judiciary is surging,Therefore,the execution procedure should not be the last link in the judicial process at the moment,and the bankruptcy trial is the legal good way to truly solve the relationship between creditor's rights and debts and terminate the qualification status of market subject.As an innovative mechanism of the judicial work of the courts in China,the mechanism from execution to bankruptcy can be carried out smoothly in both directions,which plays an important role in solving the "execution difficulty" and realizing the market clearing of zombie enterprises.Local courts follow the working guidelines of the guiding opinions on Several Issues concerning the transfer of execution cases for bankruptcy examination,innovate the working mechanism in combination with the actual situation of cases,and actively promote new progress in the work of execution to bankruptcy.This paper selects and integrates the data of related cases of execution to bankruptcy in Anhui Province through empirical research methods.The structure of this paper includes five parts,which are as follows:The first part introduces the theme of the article from the perspective of typical cases of execution to bankruptcy in Anhui Province.Through the comparative analysis of two typical cases with different natures,it is clear that the system of conversion from execution to bankruptcy is of practical significance to solve the problem of difficult execution,and it also examines the limitations in the process of reflecting on the connection of case procedures.Because the typical cases reflect the degree of contempt of the outstanding people for the execution to bankruptcy system,the author later annotates the procedural legitimacy value ofthe execution to bankruptcy system,hoping to change people's ideas.The second part,based on the first-hand data provided by courts at all levels in Anhui Province,shows the current situation of the implementation to bankruptcy work in Anhui Province in the form of charts.The data shows that the number of implementation to bankruptcy cases is small,the regional development gap is large,and the final case declaration rate is low.It also shows the positive advantages of centralized resolution of a number of cases of non implementation and rich regional supporting measures.The third part,based on the comparative analysis of the typical cases and the present situation reflected by the data,explores the practical dilemmas of the judicial organs in Anhui Province when they carry out the work of conversion from execution to bankruptcy,specifically including the three dilemmas: the lack of legal supply,the gap of power allocation,and the lack of main auxiliary mechanisms,including the single starting mode of "consent theory" and the turnover of case connection and jurisdiction There are six dilemmas:complicated procedures,unclear responsibilities and rights of the court,insufficient allocation of trial resources,complicated case connection and review,and absence of linkage mechanism between the court and the government.The fourth part is to find the best way to solve the practical dilemma.In this chapter,the author puts forward the specific solutions from two aspects: legislation and application,reasonable allocation of internal authority and construction of external auxiliary mechanism,specifically involving the introduction of power based execution,clear responsibility and ownership of the court,construction of simplified procedures,etc It can provide effective reference for the national court to carry out the bankruptcy work.The fifth part is a summary of the whole paper.As an innovative mechanism of the court work in the new era,the system of execution to bankruptcy is of great benefit to solve the difficult problem of execution and the structural reform of the service supply side.Taking the practice of execution to bankruptcy in Anhui Province as an example,both the current difficulties and the targeted solutions are suitable for the promotion of the work of execution to bankruptcy in the courts of China It can be used for reference.In the future,in the process of judicial practice,the implementation of the bankruptcy system will still face various challenges,which need the joint attention of the legal community.