A Study On The Judicial Application Of Execution To Bankruptcy Procedure

Promote the judicial application of the execution of bankruptcy proceedings,open the embarrassment of execution cases that are difficult to end,and realize the process of fully accepting bankruptcy cases.The mutual complementarity of the conversion of the two procedures is of great significance to maintaining judicial justice and maximizing the rights and interests of the parties.From the perspective of theory and practice,the establishment of the execution and breaking procedures is conducive to alleviating the difficulty of execution and giving full play to the value of bankruptcy,perfecting the enterprise exit system to realize the rational allocation of social resources,maintaining judicial authority and protecting transaction security,and continuously optimizing the judicial adjudication system The process has a significant impact on China’s economic development and social stability.This article attempts to make up for the lack of further analysis based on theoretical shortcomings,improve the two kinds of procedural conversion problems in judicial application and put forward their own opinions and measures.Through the study of the Guiding Opinions of the Supreme People’s Court on Several Issues Concerning the Transfer of Bankruptcy Examinations for Execution Cases,combined with the analysis of conversion cases in the judicial practice,the deficiencies and gaps in the application of the law were found.The problems include the inactivity of the parties to the proceedings;the inability of the court to initiate power;ignoring the option of reconciliation;the delay in the specialization of trials;the difficulty in solving bankruptcy costs;the single form of supervision and the asymmetry in information sharing.Investigate its problems.First,the legislation lags behind the failure to implement the effective implementation of the transfer process and social recognition is not high;second,the parties ’awareness of the perfunctory treatment of the conversion of the two procedures;then,the participation of the trial team is not professional and the bankruptcy fee is guaranteed Inadequate mechanisms and a single form of supervision cannot guarantee the value of the conversion between the two programs.Finally,inadequate information sharing means cannot fully understand the status quo of the enterprise and hinder the conversion of the two programs.According to the above problems,put forward targeted perfect suggestions.First of all,improving the legislative design of the enforcement and breaking procedures will help to better link the procedures,strengthen the parties ’enthusiasm to apply for the conversion of the two procedures,and promote the court to give full play to the initiative to break the transfer process,by forcing senior executives to apply for the obligation to start the conversion process for qualified enterprises,deepen the awareness of the process of awareness of the program to further expand the scope of the application subject.Secondly,build a bankruptcy tribunal by cultivating two professional program conversion teams,improve the system of bankruptcy trial specialization and program conversion,establish a special bankruptcy expense fund system,and focus on the simplification of two program conversions to build two program conversions In addition to the internal supervision of the execution of the program,the external supervision should be strengthened to improve the efficiency and quality of the trial conversion process.Finally,the establishment of information sharing systematization and data conversion between the two procedures,increase the obligation of corporate information disclosure,and promote the smooth implementation of the procedures for the implementation of the conversion process.