Court To Start Bankruptcy According To The Power Mechanism Research

The beginning of the bankruptcy process depends on a certain bankruptcy mechanism.Current bankruptcy law of our country adopts single application start up mechanism,public power is completely ruled out,practice,based on the interests consideration,shall have the right to apply for the main body of bankruptcy lack start bankruptcy power,caused a large number of bankruptcy cases in "when not breaking"situation.How to change the difficulty of starting the bankruptcy case is an important subject of the reform of bankruptcy trial under the background of supply side.It is also an urgent issue for the judiciary.It gives the court the right to start the bankruptcy proceeding according to its authority,and provides a new way to effectively solve the problem of bankruptcy.The article is divided into three parts:preface,text and conclusion.The text is divided into four parts.The first part explains the legislative status quo of the mechanism of bankruptcy proceedings in China.First of all,the paper analyzes the existing legislation on the mechanism of bankruptcy initiation,and then analyzes the existing legislation in combination with the judicial practice,which leads to the problems that need to be solved in this paper.This part of the discussion aims to emphasize the urgency of setting up a court to initiate bankruptcy proceedings.The second part mainly.introduces the necessity of the court to initiate the bankruptcy proceeding according to the authority.It has certain progressive significance to initiate the bankruptcy proceeding according to the authority of the judge.Its effective establishment is the necessary complement to the bankruptcy application and also the objective need to solve the difficult civil execution.It is a realistic need to give consideration to fairness and efficiency,and also an important guarantee to improve the market exit mechanism.The third part through the analysis of the existing conditions in China,from the manager,the trial court,relevant aspects of the social security system,combining with the starting mechanism of bankruptcy proceedings outside of revelation,demonstrate the feasibility of set up the judge compulsory bankruptcy according to the power.The fourth part focuses on the path of establishing the mechanism of bankruptcy proceeding according to the authority of the court.From the start the restrictive conditions,definition of bankruptcy reason,start the bankruptcy expenses,the rights of relief and supervision of the court to start the bankruptcy procedure according to the power related conditions specific requirements and Suggestions are put forward.The fourth part focuses on the path of establishing the mechanism of bankruptcy proceeding according to the authority of the court.From the start the restrictive conditions,definition of bankruptcy reason,start the bankruptcy expenses,the rights of relief and supervision of the court to start the bankruptcy procedure according to the power related conditions specific requirements and Suggestions are put forward.