On The Implementation Of Bankruptcy Procedures

In January 2015,the Supreme People's Court promulgated the“ Interpretation of the Application of the Civil Procedure Law of the People's Republic of China”,which initially established the procedures for the execution of bankruptcy.In 2017,the Supreme People's Court issued the "Guiding Opinions on Several Issues Concerning the Implementation of the Transfer of Bankruptcy of Cases",and further improved the implementation of the bankruptcy procedures.The implementation of the transfer to bankruptcy procedures has played an important role in alleviating the dilemma of court enforcement,the withdrawal and treatment of market entities,and the function of bankruptcy.However,the current implementation of bankruptcy procedures is not complete,and there are still some problems in terms of standardization and application.For example,the implementation of the bankruptcy procedures currently has problems such as insufficient comprehensiveness and meticulousness,a single program initiation method,and impediments to the initiation of procedures in practice.Therefore,in order to solve the problems faced by the program and fully exert its functions,it is necessary to further improve it.In this article,the author divides the content into five parts toelaborate.The analysis and discussion of the current legislative status and application dilemma of China's enforcement of bankruptcy proceedings,as well as finding corresponding perfect measures for the problems existing in the procedures,are the focus of this topic.In the first part,this part starts with the typical case of executing the bankruptcy procedure and leads to the main body of the article.Through the introduction and interpretation of the implementation of the case of Chun'an X Building Materials Company,it points out the significance of the program to solve the real problem,and at the same time examines and reflects on the limitations of the program.In addition,the author also analyzes the value of procedural legitimacy and procedural benefits of the execution of bankruptcy proceedings.The second part,this part introduces the status quo of China's implementation of bankruptcy procedures.This part first introduces the relevant legal norms for the implementation of the bankruptcy procedure,including the judicial interpretation of the civil procedure law,the implementation of legal norms,the relevant provisions of the bankruptcy law,thus indicating the legislative status of the procedure;in addition,this article explains the dilemma faced by the procedure in terms of legislation and application in combination with the existing regulations for the implementation of the insolvency procedure and the application of the procedure in practice.The third part is the elaboration of the connection between the execution procedures and the bankruptcy procedures of the relevant countries and regions outside the territory.On the basis of the relevant regulations on the integration of procedures and bankruptcy procedures between countries and regions,the author classifies the models of the implementation of procedures and bankruptcy procedures in extraterritorial countries and regions.Moreover,the author points out the main characteristics of the connection between the extraterritorial execution and the bankruptcy from the aspects of the type of the program startup mode and the scope of the application subject,and then finds the available places for reference based on the actual situation in China.The fourth part,this part is mainly aimed at the problems faced by China in the implementation of the bankruptcy process,looking for the optimization path of the program.This paper proposes optimization suggestions from two levels of norms and application,as well as the court and the parties,to make up for the lack of legislation and eliminate the obstacles to application.Specifically,it involves measures to improve the level of normative effectiveness,improve the procedures for starting the program,establish incentives for the initiation of procedures,and balance the interests of multiple interests.It is hoped to provide useful reference for the improvement of the implementation of the bankruptcy procedures.The fifth part is a summary of the research content of this paper.Theimplementation of the bankruptcy process is based on practical needs,is in line with the development trend,fits the real environment,and is of great significance and value in solving the implementation problems,effectively clearing the debt relationship,and promoting the healthy development of the market.However,the implementation of the bankruptcy process still faces some problems and needs further improvement.By further improving the implementation of the bankruptcy process,the function of the program will be more played.