Legal Research On Implementing The System Of Transfecting The Property

The implementation of the transfer-to-bankruptcy system was clearly stated by the Supreme People's Court in articles 513 to 516 of the judicial interpretation of the Civil Procedure Law promulgated in early 2015.After that,the system has become a hot issue both in theory and in judicial practice.Based on the judicial interpretation of Civil Procedure Law and the Supreme People's Court's guidance on the review of the transfer of bankruptcy cases in execution cases,this paper elaborates the system in which the execution of cases is transferred to bankruptcy cases and analyzes the existing problems.Immature advice for reference.The first part of the article is mainly divided into four parts to analyze the "predecessor" of the implementation of the transfer of bankruptcy,1 is the legal background including the relevant provisions of the present clear and similar rules existed before;2 is to build the implementation of transfer of bankruptcy system can solve the " " And " bankruptcy cases are few." 3 The social reason for the implementation of the system of transfer of bankruptcy is the issue of supply-side reform proposed by the Central Government.4 The analysis of the procedures for implementation and bankruptcy highlights the active role of implementing the system of transferring bankruptcy.The second part of the article,the implementation of the transfer to the bankruptcy system,including the content of the start-up program and the contents of the bankruptcy process.Start the program content,starting with the current judicial interpretation and the law,through the detailed description of the three conditions for the implementation of the transfer to the bankruptcy system,namely,the object requirements,the meaning of the elements,the reasons for bankruptcy.The contents of the bankruptcy proceedings,including the jurisdiction,the procedures followed in the execution of the court's consultation and decision,the transfer and receipt of the case,the review of the bank's review of the bankruptcy and the acceptance of the case,and the supervision of the bankruptcy review of the transfer of the case And elaborate some of the main points and practical questions in the program.Furthermore,it is analyzed that there are problems in the current implementation of the bankruptcy system,that is,the difficulty of starting and explaining the reasons for the existence of the problem.The third part of the article,through the specific description of the second part,analyzes the shortcomings of the implementation of the transfer to the bankruptcy system in the initiation process and the connection procedure.In the fourth part of the article,the perfect suggestions for implementing the transfer to the bankruptcy system are mainly related to the problems analyzed in the third part and some suggestions.Improve the start-up procedure,improve the enthusiasm of creditors and debtors to implement bankruptcy;establish a start-up mode supplemented by courts based on authoritarianism;and construct a simple bankruptcy procedure.Improve the convergence process,refine the review criteria and improve the coordination mechanism with the administrative department.Multi-faceted and multi-protrusion to improve the implementation of the bankruptcy system,so that qualified corporate legal persons can enter the bankruptcy process in a timely manner,help to maintain judicial authority,achieve effective allocation of resources,and promote social harmony and stability.