Research On The System Of Execution To Bankruptcy In China

The debtor who has no property to enforce ends the enforcement procedure and exits the market orderly,which is the key to maintain the judicial authority and market stability,and also the key to solve the "enforcement difficulty".Furthermore,zombie enterprises,which occupy backward production capacity and social resources,should be eliminated to ensure stable and healthy economic development.In the process of the development and evolution of judicial activities,China's legislative staff creatively put forward the system of "holding,turning and breaking",expecting to solve the implementation problems in reality.On the one hand,it is conducive to the introduction of multiple sources of bankruptcy cases and the discovery of deep-seated economic contradictions in the bankruptcy process;on the other hand,it is conducive to resolving the problem of accumulated cases of execution and improving the efficiency of execution to maintain the judicial authority.The promotion and application of the "carry to break" system can improve the market subject's self risk awareness and update the concept of bankruptcy.However,court data show that the system has not yet promoted case handling in a large area,and its practical application is relatively low.This paper examines the real operation of the system from the institutional and practical aspects,and explores the theoretical connotation of the system from multiple perspectives.In addition to the introduction and conclusion,the article discusses it in four parts,as follows:In the first part,the author introduces the theory and the current situation of the system.It mainly includes the analysis of the theoretical basis,system positioning and functional attributes of the system,and the understanding of the development and relevant provisions of the system.The main purpose of this part is to understand the origin and structure of the system,and then to explore the internal theoretical basis of the system.The second part stands in the historical dimension to examine the dilemma in the application of the system.This part will focus on the practical dilemma caused by the imperfection of the legislation of the system of "enforcement breaking",such as the low starting rate,the property loss caused by the suspension of execution and so on.On the basis of the current "holding and breaking" system in our country,further explore and improve themechanism construction.In the third part,the author takes Britain,Switzerland,Israel and Turkey as examples to study the general situation of legislation on the transfer of enforcement proceedings to bankruptcy review,and discusses the development and amendment of the system from the perspective of legal theory.Through the analysis of the current economic order and relevant laws in China,we can learn from the advanced experience of foreign countries,such as the establishment of a special bankruptcy overall management organization,the training of professional bankruptcy management personnel,and the correct view of bankruptcy.In the fourth part,suggestions are put forward to improve the system of "holding to break".This part is the focus of this paper,and puts forward some suggestions for different stages of the "execution breaking" procedure in terms of the general writing structure.According to the successful experience accumulated in the practice of each pilot court in our country,we should absorb it into the system construction to make comprehensive consideration and put forward suggestions from the macro level and the micro level respectively,so as to explore the perfection of the system of "holding to break".