Research On The System Of Transferring Execution Procedure To Bankruptcy Procedure

The civil execution procedure to bankruptcy procedure is an important exploration which in China’s civil justice system.On the one hand,the implementation of procedures to bankruptcy procedures can resolve the backlog of cases in the implementation stage of the court,transfer a large number of cases that can only end this implementation procedure into bankruptcy procedures,ease the pressure on court execution;on the other hand,A large number of "zombie enterprises" can enter the bankruptcy process,smoothed the exit mechanism of the enterprise market,and guaranteed economic operation to promote the reform of the supply side.However,there are a number of obstacles in the actual operation of the current implementation of the insolvency process,which hinder the entire mechanism from playing its due role.Therefore,on the basis of grasping the value of the whole set of execution procedure to bankruptcy procedure,aiming at the problems in practice,combined with the trial and practical operation experience of various courts,this paper puts forward a set of practical countermeasures to solve the problems,so as to smooth the execution procedure to bankruptcy procedure.In addition to the introduction and conclusion,the full essay is divided into four parts:The first part is the concept and meaning of implementing procedures to bankruptcy procedures.Starting from the concept and meaning,it introduces the starting mode,theory and practice of the whole set of execution procedures to bankruptcy procedures,in order to analyze why China should promote the execution of procedures to bankruptcy procedures.The second part is the current status of the legislation and practice of China’s current system of execution-to-bankruptcy procedure,and the problems encountered in practice in China.Various obstacles set the stage for further improvement.The third part is to put forward specific and perfect opinions and suggestions in view of the various obstacles in the concept,system and supporting mechanism mentioned above.