On The Construction Of The Summary Bankruptcy Procedure For The Small And Medium-sized Enterprises

Summary bankruptcy procedure refers to the procedure which is applied to some bankruptcy cases with less property of the debtor,a clear debtor-creditor relationship and less creditors.It simplifies the trial organization,trial period,bankruptcy proceedings and so on.However,current enterprise bankruptcy law only stipulates general bankruptcy procedure which is characterized by a complex trial proceeding,much more costs and a long trial period.Therefore,many small and medium-sized enterprises which are eligible to go bankrupt are unwilling to exit the market through the general bankruptcy procedure.It has brought adverse effects to the economic and social development.It is necessary and feasible to stipulate the summary bankruptcy procedure for small and medium-sized enterprises.This summary procedure is more suitable to the development of the market economy,and the requirement of high efficiency justice as well as the execution problem.To some extent,it can improve the current system of bankruptcy procedure.In judicial practice,the courts in Zhejiang and Shenzhen have made beneficial explorations on the application of summary bankruptcy procedure in the cases of small claims according to the specific situation.And Some foreign countries have stipulated summary bankruptcy procedures,which can provide reference experience for our country.Therefore,we should set up summary bankruptcy procedure and make it to play an effective role in economy adjustment in order to achieve the rational allocation of social and economic resources.The design of the summary bankruptcy procedure mainly features its scope of application,jurisdictional court,judicial organ,the simplification of judicial procedure,the shortening of the relevant period and so on.As for the scope of application of this procedure,the mixed standard such as the the debtor’s property,the condition of unsecured creditors and other factors should be considered.The jurisdictional courts are the intermediate people’s courts and basic-level people’s courts,not the detached tribunals.The procedure should be initiated by the application of the parties mainly,and the court will start as the auxiliary.The cases of the summary bankruptcy shall be tried by a single judge alone in the basic-level people’s courts,and a collegial bench of judges in the intermediate people’s courts.The compromise,reorganization and bankruptcy liquidate in bankruptcy procedure should be simplified properly.The review period of acceptance,the declaration of creditors’ claims,the examination,confirmation,the execution period of the bankruptcy scheme and so on should also be shortened appropriately.This paper analyzes some special problems existing in the judicial practice for the simple bankruptcy procedure in order to solve the problems that the small and medium-sized enterprises faced in the operation of bankruptcy procedure.