| Procuratorial organs often appear in bankruptcy cases in Our country,but the procuratorial supervision system of bankruptcy cases has been absent and explored in practice.In recent years,some local procuratorial organs have taken the handling of bankruptcy supervision cases as the breakthrough point and issued relevant supervision norms jointly with the court and the Association of Bankruptcy Administrators,making the role positioning and functional role of procuratorial organs in bankruptcy cases a research perspective worthy of attention.Although the bankruptcy procuratorial supervision system is in full swing,but the perfection of the system still needs further research.First of all,on the basis of defining the essence of procuratorial supervision in bankruptcy cases,this paper expounds the legal basis,constitutional basis and cultural psychological basis of procuratorial supervision in bankruptcy cases.Secondly,based on the three dimensions of power relief,supervision needs and realistic response,this paper discusses the procuratorial organ’s intervention in bankruptcy cases to supervise,so as to provide channels for private subjects to express interest demands in bankruptcy cases,to eliminate the defects of bankruptcy management system and to provide a standard supplement to overcome the limitations of judicial interpretation mechanism.Again,through the investigation of bankruptcy case procuratorial supervision system evolution,comparative analysis of the local standard documents and practical cases,to make a reasonable evaluation of its practical effect,found that the system operation is faced with practical obstacles.Finally,to improve the procuratorial supervision system of bankruptcy cases in China can be implemented from four aspects: legislative supply,principle establishment,content perfection and supporting system.One is to enhance the standard level of procuratorial supervision system of bankruptcy cases and strengthen the identity of legal supervision in bankruptcy proceedings.The second is to establish the principle of equity of interests and the principle of modesty as the boundary of procuratorial organs involved in bankruptcy cases.Third,the system should be improved by unifying the scope of supervision,standardizing supervision methods and optimizing supervision procedures.Fourth,in terms of supporting system,the procuratorial organs should be incorporated into the existing linkage and coordination mechanism of the government and the court for bankruptcy disposal,so as to strengthen the sharing and communication between the court,the government and the procuratorial organs in dealing with bankruptcy cases,so as to move towards the transformation of cooperative,supervisory and participatory judicial governance activities in the future. |
