Research On The Connection System Between Executive Procedures And Bankruptcy Procedures

In the execution process,should the person subjected to execution be a enterprise legal person and its property is not enough to pay off all its debts,such person shall pay off the debts though bankruptcy liquidation.Pursuant to the Enterprise Bankruptcy Law of the People's Republic of China,parties(the creditors and the debtors)should the one who files the bankruptcy proceedings.In the judicial practice,however,the creditors and the debtors are not willing to transfer those civil execution cases that are unable to execute into bankruptcy proceedings to be processed for their own benefits,which causes a large number of cases being stacked in the execution process and gives rise to the phenomena of difficulty of civil execution.In order to avoid the above phenomena,the executive court shall be allowed to compulsorily initiate the bankruptcy proceedings ex officio.But for the consideration of respecting the autonomy will of parties in civil litigation,it is necessary to endow the power of the executive court to compulsorily initiate the bankruptcy proceedings with necessary restriction.The following conditions shall be met concurrently before the executive court could compulsorily initiate the bankruptcy proceedings ex officio: firstly,the executive court has exhausted all executive measures,and the person subjected to execution is still unable to pay off all his debts;secondly,the executive court has already made inquiries with one party or the parties about the initiation of bankruptcy proceedings,and such party or the parties refused to do so.