Research On The Implementation Of The Bankruptcy System

With the deepening of the supply-side reform,Execution procedure turn to the bankruptcy procedure is undoubtedly one of the best options for dealing with difficult problems.However,more and more enterprises comply with the implementation of the bankruptcy,and the new problems are increasing,and the existing institutional arrangements are loopholes and cannot meet the needs of enterprises to carry out bankruptcy.Released in 2017,the supreme people's court on the execution case is transferred for examination and guidance on some issues of bankruptcy(hereinafter referred to as the "guidance")in the detailed rules and practical operation has certain problems,mainly including execution bankruptcy system of the parties at the lack of motivation to go bankrupt,perform the cohesive part of the shortcomings of bankruptcy,bankruptcy information asymmetry,the imperfection of the judicial organization,etc.This paper aims to research the deficiency and blank in practice,using the comparison of domestic and foreign relevant bankruptcy system,bankruptcy case analysis and bankruptcy case trial data statistics methods,put forward countermeasures to the difficulties.The first is through a series of measures to deal with the problem of the lack of enthusiasm.By strengthening the authoritarianism of the implementation of the bankruptcy,and aiming at the existing application doctrine,strengthening the court's position that it should be transferred to the bankruptcy court;By establishing the application obligation of the senior executives of the bankrupt enterprise,preventing the malicious delay of the executives of the bankrupt enterprise,and deliberately preventing the company from entering the bankruptcy proceedings;Improve the performance appraisal mechanism of the judge,through the improvement of the internal assessment mechanism,transfer the execution judge to the eligible cases into the bankruptcy proceedings;Deepen the bankruptcy culture propaganda,to break the debtor old,backward traditional understanding,to raise the enthusiasm of the debtor for enforcement go bankrupt,and reduce the possibility of a debtor turn prevent the bankruptcy;The second is to improve the implementation of the system of the bankruptcy system itself,including the requirements for the implementation of the bankruptcy system,and the obligation of notification to the parties concerned;Through training the professional bankruptcy judge to perfect the bankruptcy judicial organization,and to improve the execution of the bankruptcy case trial collegial panel composition;Focus on the implementation of the bankruptcy cases of the complicated and simple separation of the relevant mechanism of bankruptcy cases,including the simple setting of the notice on the procedure,etc.To improve the efficiency and quality of the execution of bankruptcy proceedings by strengthening the absorption and utilization of the contents and contents of the program.Finally,and strengthens the informatization construction to deal with the unsmooth information in the connection process and the unsymmetrical information asymmetry.