The Structure Of Compulsory Bankruptcy Initiated By The Court In Civil Coercive Enforcement

There is a common phenomenon that it’s easy to win in a trial but difficult to enforce it in the civil cases. It’s the biggest unfair for a party who can win a case but couldn’t get paid, and it’s also against the aim to establish a country ruled by law and harmonious society. And some local courts took illegal methods to impel the enforcement cases that have been criticized by the media. So, to improve the difficulty to enforcement, we should design a legal system and create a new way to put the binding judgments to enforcement. In hope for developing our bankruptcy and enforcement systems, this paper focuses on the enforcement cases which should alter to bankruptcy, analyzes the flaw that bankruptcy can be started by apply only, collects the experiences of courts, and proposes the specific system to establish the compulsory bankruptcy initiated by the court.This study includes six aspects:introduction, the property of detention in our country, the demand of compulsory bankruptcy initiated by the court, the obstacles to establish the compulsory bankruptcy initiated by the court, the difference and relationship between bankruptcy and distributing enforcement, the blueprint in building compulsory bankruptcy initiated by the court, and the conclusion. The reality tell us that the creditors and debtors always are unwilling to apply for bankruptcy, so a multitude of enforcement cases could not be altered to be bankruptcy and finish the enforcement relations and arise the enforcement problems. Distributing enforcement has some similarities to bankruptcy, but the former could not replace the latter. Applying is not the only way to bankruptcy in the world, our local courts, such as the Shanghai, Zhejiang, have already attempt to build compulsory bankruptcy initiated by the court and gain excellent experience. Our country should establish the unified system of compulsory bankruptcy initiated by the court, enforcement bureau in the court should have the right to decide to initiate bankruptcy when the debtor can’t afford all the debts; the new bankruptcy case should be accepted and tried by the former court if the former case was in distributing enforcement step, otherwise it should be accepted and tried by the court which the debtor is located; after the new bankruptcy case is accepted, the former enforcement case should be paused and the preserve should be removed; the courts should improve the examine system and methods, strengthen the train to guarantee the system of compulsory bankruptcy initiated by the court.