A Study On Some Legal Issues Concerning The Execution Of Bankruptcy Transfer Procedure

《Bankruptcy law》provisions of the exit mechanism of an enterprise as a legal person of the market economy in practice,most business is suspended or revoked in the state,even with the reasons of bankruptcy,but also did not through other due process exit the market,led to the suspension of execution in execution link was,by the accumulation of a lot of case,affected the normal operation of market economy,infringed upon the legitimate rights and interests of creditors.Perform turn bankruptcy system is the mechanism innovation in the judicial practice in our country,its main aim is to execute a program and establish the effective connection between two procedures of bankruptcy proceedings the bridge and the link,namely the people’s court found that the person subjected to execution in the enforcement procedure when an enterprise is eligible for the bankruptcy of the enterprise bankruptcy law,on the basis of the meaning of the parties,to resolve relevant disputes through bankruptcy.This paper intends to systematize the procedure of execution to bankruptcy,hoping to improve the system,so as to give full play to the function and value of execution to bankruptcy.In this paper,the author divided the text into four parts:The first part starts with the overview of the procedure of execution to bankruptcy,discusses the basic definition of the procedure of execution to bankruptcy,and focuses on the starting mode of the procedure of execution to bankruptcy,including the party’s application mode,the court’s starting mode according to the authority and the court’s starting mode under the person’s application mode.The second part,after fully understanding the contents of the system,further analyzes the possible significance of applying the system,such as effectively resolving the difficulty of execution,improving the efficiency of execution,ensuring the equitable realization of the interests of creditors and maintaining the normal operation of the market economic order.The third part is based on go bankrupt in the implementation of the judicial practice,from the sample,and logical analysis,the conclusion of broken since the implementation of the applicable case of dilemma,then further analyze the causes of such difficulties,such as: their own shortcomings of bankruptcy proceedings,the parties apply for execution to turn the bankruptcy under powered,court to bankruptcy review will is not strong and so on.The fourth part based on the above turn execution of realistic predicament facing bankruptcy of carding and starting from the actual situation in our country,puts forward some ideas to improve execution turn bankruptcy,hope that through the construction of these frameworks for the turn of broken barriers to the development of and provides some ideas and operation mode for the justice department.