On The Implementation Of “The Process Change From Execution To Bankruptcy”

The Civil Action Law of the People's Republic of China in 2015 established the "the process change from execution to bankruptcy " system,which aims to improve the bad implementation of some cases by transferring the procedures from execution to bankruptcy.Still there are a lot of oretical disputes and practical obstacles to start and advance the procedures,for example,a lack of operational norms and the conflicts between the main bodies.The regulations we have now cannot keep the system's effectiveness.In this regard,we believe that we should make a full understanding of the theoretical origin and the function of the execution and bankruptcy procedures,so as to find out the attribute of "the process change from execution to bankruptcy " system and prevent abuse of the procedures and the circumvention of the law.Also,we need to analyze the problems of " the process change from execution to bankruptcy " system,establish a feasible mode of operation with theexperience accumulated in practice,which includes the initiation,jurisdiction,transfer and objection handling of the process." The process change from execution to bankruptcy " system,as a bridge between of the implementation and bankruptcy procedures,hasboth the external manifestations of thosetwo procedures,and a relatively independent attribute.Only when we precisely define it theoretically and constantly improve the system in practice,we can make the system play a full function in solving the accumulation of enforcement cases and smooth the starting of bankruptcy procedures.