Research On The Linkage Mechanism Between Government And Court In The Implementation Of Bankruptcy Reorganization System

The government court linkage mechanism is a new mechanism explored in the process of bankruptcy trial.It is mainly to solve a series of bankruptcy derivative problems brought about by bankruptcy,such as the social problems of how to settle the employees of bankrupt enterprises,the problems that need to be solved by the administrative departments,such as the credit repair and tax relief of bankrupt and restructured enterprises.In addition,China is in the period of supply side structural reform,so that enterprises can exit the market order in an orderly manner,Realizing structural optimization and capacity upgrading,bankruptcy reorganization shows its unique advantages.In addition,the inherent defects of the market and the public service functions of the government provide the basis for the construction of the government hospital linkage mechanism.However,at present,there are some bottlenecks in the operation of the government hospital linkage mechanism.The lack of normalization and standardization may lead to confusion in the implementation of the government hospital linkage mechanism in various places;The blurring of the boundary between administrative power and judicial power will also lead to the bankruptcy reorganization losing its due significance,and the government may be more inclined to the public interest and ignore fairness;The insufficient supply of government power will also make the process of bankruptcy reorganization difficult,such as the credit of the restructured enterprise can not be repaired,the tax of the restructured enterprise can not be reduced,etc.,which are directly related to the results of the reorganization.Therefore,in the long run,the government court linkage mechanism should be legalized and normalized.Establish a normalized government hospital linkage mechanism,build an information sharing platform,establish a monitoring and early warning mechanism,monitor the operation of enterprises and give timely plans;From the perspective of the government and the court,regulate their functions and realize their respective values;It is suggested to establish a unified bankruptcy administration,which can not only coordinate the court and the government,but also track and supervise the bankruptcy trial.This will break through the bottleneck of the government court linkage mechanism and improve the quality and efficiency of bankruptcy trials.This article will start with the emergence of the government court linkage,explain China’s national conditions and the background and operation mode of the government court linkage,and then connect with China’s current bankruptcy reorganization system.By analyzing the problems derived from bankruptcy reorganization,this paper expounds the value and necessity of establishing the government court linkage mechanism;After that,through the analysis of successful local practices and summing up experience,it provides good reference and suggestions for the construction of the government hospital linkage mechanism in China.