Study On The Simple Bankruptcy Procedure Of Enterprises

In the specific judicial practice,there are many simple bankruptcy cases.In such cases,the total amount of the debtor’s property is small,and the facts are clear,there is a clear relationship between creditor and debt,and the number of creditors is relatively small.If this kind of bankruptcy cases also use complicated bankruptcy procedures for trial,it will result in the waste of limited judicial resources,increase the cost of bankruptcy,not conducive to the realization of the legitimate rights and interests of the parties,but also reduce the comprehensive utilization rate of bankruptcy procedures.Therefore,in order to meet the social needs of simple bankruptcy cases,many countries set small amount bankruptcy or simple bankruptcy procedure in bankruptcy law.At present,the bankruptcy law of our country does not clearly stipulate the simple bankruptcy procedure,which hinders the development of our judicial practice to a certain extent.The judicial practice of enterprise bankruptcy puts forward the realistic demand for the simple bankruptcy procedure,that is,the necessity of constructing the simple bankruptcy procedure.On the one hand,the external environment: because the bankruptcy procedure is very complex,it takes a lot of time and costs,many small and medium-sized enterprises that meet the bankruptcy conditions are not willing to take the conventional bankruptcy procedure to withdraw from the market,which affects the stability of social development,and it is urgent to build a simple bankruptcy procedure for the healthy development of the national economy;moreover,in our country,we vigorously advocate deepening the supply side structure In the important period of structural reform,how to deal with zombie enterprises is the focus of reform now and in the future,and the essence of zombie enterprise governance is to let them withdraw from the market orderly.Therefore,the construction of simple bankruptcy procedure to improve the withdrawal mechanism of market subjects plays the primary function in the process of zombie enterprise governance.In addition,simple bankruptcy procedure is conducive to simplify the process of zombie enterprise governance In a single case,the relationship between the creditor and the debtor should be cleared as soon as possible,the remaining property should be distributed,and the legitimate rights and interests of the creditor and the debtor should be protected in time to ensure the realization of fairness and justice.On the other hand,it is the internal requirement:all kinds of data and practice prove that the application of "enterprise bankruptcy law" is not optimistic,China’s bankruptcy law needs to set up a simple bankruptcy procedure,give full play to the economic adjustment effect of the bankruptcy procedure,and finally achieve the goal of optimizing the allocation of social and economic resources;at the same time,comprehensively promote the reform of civil procedure and create a good environment Under the background of good business environment under the rule of law,it is urgent to promote the construction of simple bankruptcy procedure,so as to realize the separation of complexity and simplicity and improve judicial efficiency.Finally,the construction of simple bankruptcy procedure is also an inevitable requirement to promote the diversified development of bankruptcy procedure system,so that it can adapt to the needs of various types of enterprises.In addition to the above necessity,it is also feasible to build a simple bankruptcy procedure.Although the "enterprise bankruptcy law" finally passed in2006 deleted the provisions on summary bankruptcy procedure,the draft bankruptcy law once specified the contents of summary procedure in detail,which is an important attempt to construct summary bankruptcy procedure in China,and can also provide some direction and reference for us to improve bankruptcy legislation now.On April 15,2020,the Supreme People’s Court issued the "on pushing bankruptcy procedure" The fourth part is to build a quick trial mechanism of simple cases.In the judicial practice,the courts in Jiangsu,Zhejiang,Shenzhen and Hong Kong have actively explored the summary trial of bankruptcy cases according to the specific local conditions.At the same time,there are also some successful cases.In addition,some countries have set up a simple bankruptcy procedure,which has formed a relatively perfect bankruptcy system.Their mature experience can provide reference for domestic legislation of simple bankruptcy procedure.To construct the simplified bankruptcy procedure in China,we need to fully absorb the legislative and practical experience at home and abroad.At the same time,the key goal is to build a fast,simple,flexible and low-cost enterprise simplified bankruptcy procedure.The basic idea is to greatly shorten the trial time of bankruptcy cases,reduce the expenditure of various judicial costs,and help to realize the pursuit of fairness and efficiency in the spirit of contemporary legislation We should follow the principles of efficiency first,fairness to the greatest extent and cost equivalence.In this paper,from the scope of application,the way of starting,the simplification of the specific procedures,the conversion with the ordinary bankruptcy procedures,and the protection of the relief rights of the dissenters,the author puts forward some ideas on the construction of simple bankruptcy procedures,hoping to provide some reference for the future bankruptcy legislation.