| Enforcement turning into bankruptcy system is a major measure proposed by our country to solve the problem of difficult implementation.The backlog of a large number of enforcement cases not only wastes judicial resources,but also damages the legitimate rights and interests of creditors.On the one hand,the incapacity case can be transferred to bankruptcy proceedings and the incapacity case can be withdrawn in time,and on the other hand,companies on the verge of bankruptcy can withdraw from the market through due process to save market resources.As the primary link of the bankruptcy system,the initiation mechanism of the bankruptcy procedure plays a vital role.Therefore,it has real value to research the initiation of bankruptcy procedures.This requires exploring the advantages of establishing a transfer and bankruptcy system in our country from the perspective of basic theory,meanwhile,combining the actual judicial situation of China’s bankruptcy proceedings and relevant experience of local people’s courts,analyzing the problems and causes in the current execution of bankruptcy,so as to propose corresponding suggestions to improve the start of bankruptcy proceedings in our country.At present,the starting method of the bankruptcy procedure in China is semi-authoritarianism.It will be found in practice that the measurement of the interests of the subject makes the executing party ’s internal motivation for the execution of bankruptcy insufficient,and the complexity of the bankruptcy process also makes the court less motivated to transfer the bankruptcy review,in addition,there are also problems such as the lack of funds to identify the cause of bankruptcy and the blocking of information in the process of process conversion,which result in the failure of the execution system to achieve the desired effect.Execution case transfer to bankruptcy review often makes progress difficult,which seriously affects the functioning of the bankruptcy function.This is clearly contrary to the original intention of establishing the system of execution and transfer,and the single starting mode has been unable to meet the needs of the system of execution and transfer.In order to improve the bankruptcy initiation dilemma,it is necessary to maximize the main body’s enthusiasm for the execution of the bankruptcy,explore the auxiliary initiation method for the court to transfer the bankruptcy review in accordance with its authority,and regulate the identification of the cause of bankruptcy.In the relevant supporting system design,the bankruptcy procedure can be effectively promoted by exploring measures such as establishing a special fund for bankruptcy costs and enhancing the exchange of information between the execution court and the trial court.From the institutional and theoretical level to improve bankruptcy proceedings starting mechanism,solving the difficulty of initiating bankruptcy procedure in our country is the inevitable requirement of further developing the function of bankruptcy system,but also a major measure of China’s current supply-side structural reform.It will help create a better business environment for China. |
