| The execution to bankruptcy procedure is born in the difficult dilemma of execution,and is the wisdom crystallization of judicial practice in China.Its establishment broke the separate situation between the execution procedure and the bankruptcy procedure,and established a connection channel on the legislative level of the two.It truly realized the final meaning of filing to execution.On the one hand,it is conducive to dissolving backlogs of enforcement,improving judicial efficiency,and breaking the difficult situation of enforcement.on the other hand,it is enforced through the public power of the state to eliminate backward production capacities,purify the trading environment,and improve the market subject treatment and exit mechanism.It has an obvious effect on promoting the adjustment and upgrading of industrial structure.This thesis first interprets the content of the execution to bankruptcy procedure and seeks its legal basis and due value with a normative analysis method.It strives to build the cornerstone for the execution to bankruptcy procedure.Secondly,it uses empirical analysis and comparative research methods to inspect local courts,regarding the norms and actual operation of the execution to bankruptcy procedure,based on the useful experience of the relevant legislation of the United Kingdom and Switzerland.It is proposed to improve the transformation mechanism of the execution to bankruptcy procedure in China.Firstly,the first part of the thesis mainly discusses the basic theory of the execution to bankruptcy procedure.From the perspective of the local context of China,it interprets and combs the concept and content of the execution to bankruptcy procedure,delving into the connotative nature of the execution procedure and the bankruptcy procedure,and analyze the connection points and differences between the two on the theoretical basis through a normative analysis method.Next,it is compared with the participation in distribution system and the termination of the execution system,highlighting the unique function ofthe execution to bankruptcy procedure.Finally,the social economic value,the fair value,the efficiency value,and the order value of the procedure are described separately.Secondly,the thesis focuses on the legal norms of the local courts on the execution to bankruptcy procedure.Based on this,it summarizes the similarities and differences between the local courts on this provision,and uses empirical analysis to explores the implementation of the procedure from typical cases in judicial practice,reveals its existing problems,which are reflected in the difficulty in starting the execution to bankruptcy procedure,the inconsistencies in the standardization of bankruptcy review transferred by local courts,and the incomplete supporting mechanisms.The causes of the problems are analyzed one by one.Thirdly,It is an important method to compare the extraterritorial legal systems and transplant excellent legal experience into China’s judicial practice in the discipline of law.Therefore,this thesis takes the relevant legal systems of the United Kingdom and Switzerland,which are relatively mature legal systems as the research objects.It introduces the transfer from British enforcement to creditor bankruptcy procedure,and the transfer of Swiss debt enforcement and bankruptcy procedures,and compares them with ours.On this basis,a useful enlightenment is summarized that in order to further improve the transformation mechanism of execution to bankruptcy procedures in China.Finally,this thesis aims to improve the execution to bankruptcy procedures,and proposes specific measures and implementation ideas for the transformation mechanism of execution to bankruptcy procedures,mainly from the initiation,transfer,review and acceptance,supervision and relief,and supporting measures to improve China’s execution to bankruptcy procedures. |
