| For a long time,"zombie enterprises" has become a major "persistent disease" that troubles the people’s court’s execution work.The establishment of the implementation of the bankruptcy work system can not only enable the people’s court to effectively enforce the case,but also market to eliminate the "backward production capacity".Promote the sound development of the economy.But in practice,this system has not been fully released.Although the People’s Court guidance on some issues of bakruptcy and the bakruptcy court trial working throughout the country meeting minutes for "turn of break" operable specifi-cation basis,but if the system can give full play to the function as it should be,still need to improve the application of cohesive devices both in full time.The life of the law lies in its implementation.It is difficult to turn and important to break the law.The final foothold of the law lies in the bankruptcy trial.The main line of this paper is based on the discussion of related problems in the execution of the bankruptcy procedure of zombie enterprises.Starting from the practical significance of the function of "holding and breaking",this paper tries to explore the way to give play to the advantages of the system and smooth the institutional channel of the execution of the bankruptcy.The first and second chapters of this paper,starting from the judicial cases,introduce the function orientation and practical significance of the procedure of "holding to break".First of all,the difficulty of enforcement not only bothers the work of the people’s courts,but also really involves the vital interests of the common people.Secondly,the bankruptcy procedure for those who take the enterprise as the execution of the case execution,can dissolve a large part of the execution of the case can not create a healthy economic environment for the market.The third chapter elaborates on the legislative limitations and the obstacles to the start of the process,and focuses on the practical difficulties in the implementation of the bankruptcy process.From the perspective of legal norms,the effect of the start-up mode is not ideal,and the transition of the procedure is not smooth enough.In addition to the legal norms,there is insufficient impetus to start the process of "transfer to breach",and the guarantee mechanism is not sound enough.All these have caused the practical dilemma that the execution of the bankruptcy procedure can not give full play to its function.The fourth chapter,aiming at the realistic dilemma of "holding on to break" proposed in the third chapter of this paper,tries to put forward some superficial suggestions on the "holding on to break" procedure of "zombie enterprises".From the perspective of perfecting the legislation of the procedure of "holding and transferring to bankruptcy" and perfecting the guarantee mechanism for the start of the procedure,this paper resolvers the practical difficulties and provides the power for the function of the system,so as to make the process of transferring from execution to bankruptcy more smoothly. |
