Study On The Legal System Of Civil And Commercial Execution To Bankruptcy

For a long time,the effective of the court is difficult to be implemented,which is called “IOU” with a official seal.The difficulty of implementation is not only a legal problem,but also a social problem.Neglecting for long term will have a very bad impact on social stability and national development.In order to solve this problem of difficult execution,in 2015,the Supreme People’s Court issued the Interpretation on the Application of the Civil Procedure Law of the People’s Republic of China,which explicitly stipulated for the first time that enterprises meeting the requirements for bankruptcy could be transferred from execution procedures to bankruptcy procedures.Subsequently,the Supreme People’s Court issued the Guidance on Several Issues Concerning the Transfer of Execution Cases to Bankruptcy Review,detailing the specific procedures for the Execution Procedure turn to Bankruptcy Procedure(EPBP),and courts around the country also actively carried out the practice,formulated local provisions in combination with regional characteristics,enriching the implementation of the bankruptcy transfer program design.Turn at the exploration stage,however,the execution of the bankruptcy system still has many problems in practice and operation,the existing system standard is difficult to enforce turn bankruptcy system play its proper role,this article aims to analyze the deficiency of the existing system,and perform turn against these shortcomings,the optimized plan for the bankruptcy system to promote the system implementation,solve the problem of "difficulty of execution",responding to the requirements of the national supply side structural reform.The first chapter is the introduction part,which analyzes the research background and significance of this paper,summarizes the research status of this system,introduces the research ideas and methods of this paper,and points out the innovation and shortcomings of this paper.The second chapter mainly introduces the theoretical basis of executive turned bankruptcy system in our country,including execution definition of bankruptcy system,and enforcement with the meaning of the bankruptcy system,from solvingdifficult situation,break the bankruptcy courts to start the difficult predicament,realize the creditor fair and echo state compensation reform of supply side four aspects were analyzed.The third chapter is about the reality of the implementation of the bankruptcy system in China.This chapter studies the current legislative practice and local exploration of China’s implementation of the system of bankruptcy transfer,introduces the implementation of bankruptcy liquidation transfer,implementation of non-bankruptcy transfer,implementation of bankruptcy reconciliation and bankruptcy reorganization three types of cases,for the analysis of the implementation of the system of bankruptcy transfer to try to provide a realistic basis.The fourth chapter analyzes the realistic predicament of the implementation of the bankruptcy system in our country,and discusses in detail the deficiencies and problems of the system from the perspectives of initiation procedure,cohesion mechanism and supporting measures.In the fifth chapter,in view of the implementation dilemma analyzed in the forth chapter,the author puts forward the related and improvement measures of the implementation of the bankruptcy transition system,which specifically includes the improvement of the existing start-up system design,the optimization of linkage system design,the introduction of simple bankruptcy system,and the improvement of related supporting system design.