Study Of Improving The Mode Of "Execution To Bankruptcy"

In recent years,the issue of the difficulty of civil execution has been paid great attention to by the society.In the cases in which an enterprise is the party against whom a judgment is executed,a great number of cases have piled up and become “the cases in the drawer” as a result of its difficult execution.When the cases are confronted with “a blind alley” of procedures for execution,the procedure of bankruptcy shall be a new way to solve such kind of cases.The procedure of “execution to bankruptcy”rose in response to this social background.At present,owing to the lack of a separate law of civil coercive execution in China,the legislative regulations relevant to the procedures of civil execution are embodied in the Civil Procedural Law and its judicial interpretations.Currently,the basic framework of the mode of “execution to bankruptcy” has been established in our country.Nevertheless,its launching mode still adopts the doctrine of the party's application.In the judicial interpretations of the Supreme People's Court,it is promulgated that the court has the obligation to consult,interpret and explain.Owing to the lack of more professional and specific regulations,there are still a lot of constraints in judicial practice.To be concrete,the launching of the “execution to bankruptcy”mode is not active;judicial resources are apt to the procedures for execution excessively;and the participation in distribution is extendedly applied,etc.These constraints make the successful launching of the mode of “execution to bankruptcy” quite difficult.Therefore,the measures should be carried out as follows: the court's ex officio supporting mode,which is inferior to the doctrine of the party's application,should be adopted;the favorable flow of judicial resources to the bankruptcy procedures should be promoted;and the extendedly application of the procedures of participationin distribution in judicial practice should be restricted.The study of the mode of “execution to bankruptcy” is helpful to improving the efficiency of execution,relieving the difficulty of execution.In addition,it is more helpful to promote the fair repayment of creditors and ensures that the rights and interests of all creditors to be protected to the full extent.Finally,it is also helpful to eliminate lagging enterprises and optimize the allocation of market resources.