On Bankruptcy Supervision And Its "Six Aspects" Of System Construction

With the continuous deepening of China’s supply-side structural reform and the general promotion of the "double cycle",how to make up for the current "biggest weakness",which is corresponding to market access and market survival,has become the key to maintain the legalization of business environment,so the Bankruptcy Law has received unprecedented high attention.Especially in recent years,the central policy documents have repeatedly emphasized the need to promote the perfection of the bankruptcy trial mechanism,which inevitably requires a set of system and itself including the indispensable bankruptcy supervision system--bankruptcy trial mechanism.Not only that,the effective operation of bankruptcy trial mechanism depends on the necessary support of bankruptcy supervision.In reality,under the rapid growth of bankruptcy cases in recent years,it will do great harm if there is no necessary supervision in the bankruptcy trial.However,focusing on the current provisions of China’s bankruptcy law,although there are some provisions on the subject,object and content of the supervision of bankruptcy supervision,there are still some outstanding problems,such as the single dominant court,the inadequacy of creditor supervision and the lack of special supervision institutions.Moreover,even though there are some practical exploration on perfecting bankruptcy supervision,but due to the lack of relevant systems,the practice of these exploration practices is still in the dilemma of "no legal basis",and it is urgent to construct the system.Only in this way can the purpose and goal of the Bankruptcy Law be truly demonstrated,the high-quality development of the economy can be promoted,and the "short board" of bankruptcy in the business environment under the rule of law can be filled up and become a strong support for high-quality and sustainable economic development.This paper is divided into six parts,the emphasis is the establishment of "six elements" system under the establishment of bankruptcy supervision epistemology.The first part is the introduction.This part clarifies the research background and significance of this paper,carries out research reviews at home and abroad,explains the key and difficult points that need to be broken through in the research,and puts forward the research key and main innovation.The second part is the basic understanding of bankruptcy supervision.Based on the basic definition of bankruptcy supervision,this part sorts out the main supervisory subjects and supervisory objects,and further analyzes the value and significance of bankruptcy supervision,so as to lay the research foundation of this paper.The third part is the current situation and predicament of bankruptcy supervision.This part reviews the outstanding problems of bankruptcy supervision in judicial practice on the basis of summarizing the legislative and judicial status quo of bankruptcy supervision in our country,and focuses on revealing the outstanding problems such as the single dominant court,the inadequacy of creditor supervision,and the lack of special supervision institutions,so as to show the necessity of constructing the bankruptcy supervision system.The fourth part is the enlightenment of the investigation of bankruptcy supervision outside the territory.This part focuses on the feasibility of the application of foreign advanced experience in our country through the study of the relevant systems in the United States,Britain,Canada and Chinese Hong Kong,which are typical examples of foreign bankruptcy supervision,so as to lay the foundation for the later system construction.The fifth part is the construction of the "Six Aspects" system of bankruptcy supervision.This part is the core of this study,focusing on the six aspects of administrative supervision,procuratorate supervision,court supervision,interested party supervision,self-discipline supervision,manager supervision,to build a set of effective bankruptcy supervision system.The sixth part is the conclusion.This paper summarizes the main arguments and conclusions and further emphasizes the importance of establishing and improving the bankruptcy supervision system for the bankruptcy procedure.