Research On The Construction Of Simple Bankruptcy Procedure In China

Simple bankruptcy procedure,also known as "small bankruptcy",refers to a simple procedure applied by the people’s court when trying bankruptcy cases where the basic facts are clear,the relationship between the creditor and the debtor is clear,the number of creditors is small,and the bankruptcy property is small.Compared with the ordinary bankruptcy procedure stipulated in the current bankruptcy law,this procedure has the characteristics of efficiency and convenience,and is more suitable for the application of simple bankruptcy cases,so as to avoid the infringement of the legitimate rights and interests of the parties due to the complexity of the procedure.At the same time,it also provides a procedural guarantee for the bankruptcy and delisting of small and micro enterprises and natural persons,which meets the requirements of contemporary judicial reform.This article consists of three parts: introduction,text,and conclusion.The main body of the construction of simplified bankruptcy proceedings consists of four chapters.The first chapter is an overview of summary bankruptcy proceedings.This chapter first proposes the concept and characteristics of summary bankruptcy proceedings,clarifies that summary bankruptcy proceedings are a new type of procedure independent of ordinary bankruptcy proceedings,and introduces the purpose and principles of summary bankruptcy proceedings,requiring that procedural fairness be achieved while ensuring procedural efficiency,and that the "spirit of convenience" of judicial reform be thoroughly implemented.Then it analyzes the value basis of simple bankruptcy proceedings.Starting with the debate over the introduction of simplified bankruptcy procedures in China,the advantages and disadvantages of different viewpoints are examined.Then,it demonstrates the necessity of establishing a simple bankruptcy procedure in China from four aspects:diversifying complexity and simplicity,alleviating enforcement pressure,promoting the development of market economy,and improving the bankruptcy legal system.Finally,the feasibility of establishing a simple bankruptcy procedure in China is discussed from three aspects: the guidance of the civil procedure law and the establishment of realistic basic conditions for the protection of ordinary bankruptcy procedures.The second chapter is the exploration of simplified bankruptcy procedures in China.Firstly,this article reviews the practical exploration process of simplified bankruptcy procedures in China’s legislation.Then,starting from the judicial practice in various regions,it summarizes the experience and achievements accumulated by people’s courts in various regions of China in exploring simplified bankruptcy procedures over the years.Secondly,the problems of narrow scope of applicable subjects,rough regulations related to simplified trials,and inadequate supporting measures in practice were analyzed.The third chapter is the legislative reference for summary bankruptcy proceedings in foreign countries.This chapter mainly discusses the differences in the setting of summary bankruptcy proceedings in the United States,Germany,Japan,and the United Kingdom,including applicable standards,startup modes,and other content.Three applicable standards are specifically introduced: the total value standard of the bankrupt consortium,the total unsecured debt standard borne by the debtor,and the mixed standard.Two startup modes: authoritarianism and party autonomy.By comparing different provisions,we can summarize the applicable experience in China,laying a solid foundation for the construction of simple bankruptcy procedures.The fourth chapter is about the specific construction of simple bankruptcy proceedings.The content of this chapter is based on the argumentation of the full text,combining excellent extraterritorial experience with the basic national conditions of our country,and making the content of summary bankruptcy proceedings more localized.In terms of system design,it mainly includes the scope of application of summary bankruptcy proceedings,the trial level and organizational form of the competent court,the commencement,termination and conversion of the proceedings,the reduction of the duration of relevant proceedings,the simplification of other procedural matters,and the supervision of the proceedings.