The Engagement Of Civil Execution System And Bankruptcy System

This article is mainly about how the civil execution system connects with the bankruptcy system.Recently years,,there are many cases can not be implemented in civil execution procedure,therefore,the academic circle began to positively discuss that leading the bankruptcy procedure to the civil execution procedure,through the corresponding system construction,cases of unenforceable cases completely withdraw from the civil execution procedure through the bankruptcy procedure,however,it's still in the initial stage.Not only the corresponding legislation has not kept pace with,but there are also many problems in the existing regulations.Many loopholes exposed in practice need to be filled.Beyond the seas,there are few problems about the difficulty of execution,and the bankruptcy system is more perfect than our country,cases does not need the execution has already been solved through the bankruptcy procedure,therefore,about the principle and application of the bankruptcy law and the difficulties of execution problems,we can draw lessons from foreign law.This paper is divided into four parts,this paper makes a detailed exposition about the convergence of the two systems.The first part,division of investigation of the execution system and bankruptcy system.At first,analysis the background of the connection between executive system and bankruptcy system briefly.Analysising the difficulties of execution in civil execution system,and in-depth analysis the civil execution cases that“cannot be executed ”.Next,defining the concept of execution system and bankruptcy system,and analyze their respective characteristics base on the first step.Last,from all the stages of the executive system contect to the bankruptcy system,analysising the development and tracing to the source.The second part,exploring and analyzing the realistic basis of the connection between executive system and bankruptcy system.The first,demonstrating the necessity of the connection between execution system and bankruptcy system in civil execution.Based on several grass-roots courts for nearly five years of execution cases,taking the enterprise as the debtor's case as a sample to do empirical analysis to unenforceable cases.Combining theory and practice demand in civil execution,proving he necessity of applying the execution system and bankruptcy execution system in civil execution.Next,analysising the research foundation of the engagement of execution system and bankruptcy system,through the theory and practice to analysis the base that the engagement of execution system and bankruptcy system.Last,analysising the realistic puzzlement,and the specific problems.The third part,exploring and analyzing the legislative situation and foreign experience.For the first,analysis the legislative status,taking the current laws and regulations and relevant judicial interpretations into consideration.Next,analysising the application of extraterritorial bankruptcy law system so that providing reference and comparison for the perfect combination of execution system and bankruptcy system for China.The forth part,offering proposals to improve the engagement of the two systems.In view of the current defects that program is cumbersome,according to the powers of the absence of defects that tedious procedure,and put forward opinions?suggestions and system construction measures.