Study On The Implementation Of Bankruptcy Procedures From The Perspective Of The Initiation Of Authority

The problem of “difficulties in implementation” has always been a difficult problem for the judicial community.In the process of civil enforcement,many zombie enterprises have already had bankruptcy reasons but cannot withdraw from the market in a timely manner through bankruptcy procedures.These enterprises often involve a large number of execution cases,which exacerbates the situation.The implementation of the case of high standards.Articles 513 to 516 of the Supreme People's Court's Interpretation of the Application of the Civil Procedure Law promulgated in 2015 formally established the connection between execution and bankruptcy procedures,providing a basis for judicial practice.However,in practice,there are many problems in the implementation of the bankruptcy procedures,such as contradictions and conflicts between local laws and regulations,the implementation of the participation in the distribution procedure instead of the bankruptcy procedures,and the low rate of application of the bankruptcy procedures.The main reason is that China's implementation of the bankruptcy procedures adopted legislation.In the case of a single party applicationism,when the parties do not intend to initiate the execution of the bankruptcy procedure for the benefit measurement,the implementation procedure lacks an effective exit mechanism,resulting in a “blocking lake” effect in the execution of the case.Based on the particularity of the implementation of the bankruptcy procedure,it is necessary to draw on the principle of bankruptcy initiation,which is mainly based on the application of the outside parties and supplemented by the authoritarianism,and gives the court the power to initiate the execution of the bankruptcy procedure ex officio.Based on the public welfare of the bankruptcy procedure,the principle of appropriate state intervention,and the initiative analysis of the executive power,it is legal for the court to initiate the execution of the bankruptcy procedure ex officio.Therefore,it is feasible to construct an ex officio procedure to start the execution of the bankruptcy procedure.It is of positive significance to improve the effective connection between execution and bankruptcy.This paper takes the implementation of the bankruptcy procedure as the research object,and around its existing problems,it aims to demonstrate that the court has the right to initiate the execution of the bankruptcy procedure according to the ex officio,thus constructing the ex officio to initiate the execution of the bankruptcy procedure.The content of this article is divided into four parts:The first part analyzes the problems and reasons for the implementation of the bankruptcy procedure.The current implementation of the bankruptcy process mainly exists.The conflicts between local laws and regulations,the impact of the implementation of participation in the bankruptcy system,and the low rate of implementation of the bankruptcy procedures are mainly due to the flaws in legislation,the passive application of bankruptcy by the parties,the abuse of execution participation,and the lack of relevant supporting measures.The second part discusses the path selection to initiate the execution of the bankruptcy process.The insolvency procedure initiated by ex officio has existed in the typical countries of the civil law system and in Taiwan,and it can be used for reference.By analyzing the differences between the execution procedures and the bankruptcy procedures and the specificity of the resolution and execution of the bankruptcy procedures,the court ex officio It is justifiable and feasible to initiate the execution of the bankruptcy proceedings.The third part builds the ex officio procedure to initiate the transfer to bankruptcy.He made relevant suggestions on the jurisdiction,starting conditions,transfer,review,and connection of the initiation of the transfer of bankruptcy procedures,refining the practical operation of the implementation of the bankruptcy procedures,and improving the implementation of the bankruptcy procedures from the system.The fourth part discusses the establishment of the relevant supporting measures for the implementation of the transfer to bankruptcy procedures and the prohibition of participation in distribution,encourages and promotes the implementation of the bankruptcy and bankruptcy procedures,and proposes to establish a simple bankruptcy procedure,establish a bankruptcy fund,and prohibit corporate legal persons from applying for participation in the distribution.