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Research On The Execution Becomes Bankrupt

Posted on:2020-01-28Degree:MasterType:Thesis
Country:ChinaCandidate:Y G WangFull Text:PDF
GTID:2416330590478028Subject:Law
Abstract/Summary:PDF Full Text Request
The system of review for the transfer of cases to bankruptcy is a system established by the Supreme People's Court in judicial practice through the principle of the application of applicants for bankruptcy law through judicial interpretation to expand interpretation.The system creatively explains the principle of the applicant's applicationism adopted in the Enterprise Bankruptcy Law,so that the applicant's application method is expanded from active application to active application and passive acquiescence,and it is difficult to solve bankruptcy cases in judicial practice.The difficulty of completing enforcement cases provides a strong Avenue;From the theoretical point of view,the revision of the bankruptcy law and the enactment of the enforcement law play a pilot role in the breakthrough of the bankruptcy legislation in the applicant's applicationism principle.This paper starts from the logical closed-loop of investigation and execution to bankruptcy to demonstrate the inevitability and feasibility of the execution case to bankruptcy review,raises problems from the difficulties faced in the practice of execution to bankruptcy,and gradually solves the problem by analyzing the problem.In theory,it is inevitable that the execution of a case can not be transferred to bankruptcy review.The difficulties in practice are often caused by the lack of cognition,knowledge ability,and system.This paper intends to explore the possibility of institutional perfection from the perspective of legislation,justice,and law enforcement from the perspective of cognitive ability,knowledge blind spots,and institutional gaps.In view of the special nature of the general judges and general work(covering judicial power and administrative power,social rights)brought about by bankruptcy trials,the article intends to explore the collaboration and boundaries brought about by the goal orientation.
Keywords/Search Tags:the process change from execution to bankruptcy, initiation, jurisdiction, transfer, cooperation
PDF Full Text Request
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