Research On The Issue Of The Procedure Of Transferring To Bankruptcy

The interpretation of the Supreme People's Court on the application of the Civil Procedure Law of the People's Republic of China has been implemented since February 4,2015.The 513 rd to 516 rd articles stipulate the relevant contents of the execution of bankruptcy proceedings,and have opened up the passage of the case that the case can not be transferred to the bankruptcy proceedings through the court.Limited by the content,style and length of the Judicial Interpretation of Civil Procedure Law,the four existing articles only make principled and general provisions on the issue of conversion,and complete and detailed rules of procedural transformation are scarce.To a certain extent,it has affected the promotion of the work of persistent transformation and caused the disunity of the judicial scale,which needs to be solved urgently.In order to promote the implementation of the bankruptcy transfer procedure,the Supreme People's Court's Guiding Opinions on Several Issues Concerning the Transfer of Enforcement Cases to Bankruptcy Review were promulgated and implemented on January 20,2017.However,in judicial practice,the implementation of the procedure of transferring bankruptcy is not satisfactory,the lack of initiative of the subject of the procedure,inadequate start-up mode,incomplete procedures and related supporting measures are not perfect.Although our country has put forward the procedure of execution to bankruptcy according to the actual needs,it is still in the stage of perfection and has not achieved the desired effect.First of all,by analyzing the basic theory of the implementation of bankruptcy proceedings,namely the basic connotation and characteristics of the implementation of bankruptcy proceedings,and the theoretical logic starting point to be analyzed,secondly,relying on the judicial interpretation of civil procedure law,the guiding opinions and the relevant provisions of the local high court exit to sort out the specific contents of the implementation of bankruptcy proceedings;thirdly,combined with judicial practice.Finally,it provides feasible suggestions for improving the implementation of the bankruptcy procedures in China.