On The Optimization Of The Connection Mechanism Of "Transfer Of Execution To Bankruptcy"

The difficulties of execution and bankruptcy initiation have long plagued the judicial practice in China.There are many reasons for this,but there are two main reasons: first,due to its inherent drawbacks,the execution procedure can not filter out the market subjects in time,so that many corporate legal persons who can not pay off their debts can continue to exist even if they can not fulfill their civil obligations;second,limited by the judicial status quo,legal awareness and legal system and other factors,a considerable number of these cases It can not be drained to the bankruptcy procedure,resulting in a large number of cases that can not be executed piled up in courts all over the country,which greatly consumes judicial resources.In order to solve the above problems,the implementation of bankruptcy system came into being.However,the system is still in the stage of continuous adjustment,and the actual effect is not satisfactory.At this time,we should strengthen the improvement from the bottom of the theoretical framework and the construction of the upper system,so that the cases that are in line with the bankruptcy situation but can not be executed can exit the economic market in the way of bankruptcy,so as to promote the good operation of the economy and society.Based on the intrinsic value of the system,this paper demonstrates and explores its practical value and the judicial benefits of the combination of the execution procedure and the bankruptcy system through five parts,so as to provide some theoretical reference for the further implementation of the system.At the same time,in order to further promote the good operation of the transition from enforcement to bankruptcy,we need to analyze the relevant provisions in the current supporting legal norms from the institutional level.Therefore,it is necessary to trace the origin of the system and explore its operation mode,so as to further optimize the relevant rules of the transition from enforcement to bankruptcy.Generally speaking,in the bankruptcy system,the principle of creditor standard is usually followed,which requires that the concept of adversary doctrine should also be adhered to in the implementation of bankruptcy procedure.However,the implementation of bankruptcy procedure is the product of respecting the public interest.When the enforcement dilemma can not be solved by the parties themselves,the concept of authority doctrine can be used for reference.Not only that,in order to promote the effective connection between the execution procedure and the bankruptcy system,but also in view of the particularity of its start-up process,we should improve the relevant supporting measures,expand the extension of its application subject,so that it can better serve the development of market economy.