Research On The Initiation Of De Jure Examination For "Enforcement To Bankruptcy"

In order to give full play to the effect of the system,which called Transferring Cases That in Enforcement Procedure to Bankruptcy Procedure（"Enforcement to Bankruptcy"）,cases that eligible for bankruptcy in the enforcement procedure should be transferred to de jure examination for bankruptcy procedure.The number of the cases that cannot be enforced is large at present,the number of "zombie companies" is in the same situation and keeps increasing,so "Enforcement to Bankruptcy" should play a greater role.However,in the procedure,there are some factors that prevent "Enforcement to Bankruptcy" from starting。Therefore,it is necessary to inspect what the reasons are,discuss solutions and solve the problems.Before inspecting,discussing and solving,it is necessary to understand the meaning of "Enforcement to Bankruptcy".Firstly,learning the development process of the system.Secondly,understanding the value of enforcement procedure,bankruptcy procedure and "Enforcement to Bankruptcy".Thirdly,learning each aspect of the procedure.The reasons that hinder the start of the procedure.Judging from the judicial practice,the start-up difficulties of "Enforcement to Bankruptcy" are mainly embodied in four aspects: subject,mode,qualification and mechanism.The parties,the court,and bankruptcy administrators are the main participants in the procedure of "Enforcement to Bankruptcy",and they have their own problems.Among them,the parties’ willingness to file petition is not strong,resulting in low frequency of procedure initiation.At the same time,the court was unable to initiate "Enforcement to Bankruptcy",which exacerbates the situation of unsolved cases.In order to make the cases solved,the lack of bankruptcy expertise of enforcement judges and the shortcomings of enforcement system cannot be ignored.At the same time,the mechanism that supports the progress of the procedure,due to the large differences in the working systems and the uneven development of digital systems between regions,resulting in a lack of necessary foundation for resource interaction and sharing,which has become another reason for the difficulty of starting "Enforcement to Bankruptcy".The direction of starting "Enforcement to Bankruptcy" effectively.From the four aspects of "Enforcement to Bankruptcy",the problems of subjects,the disadvantages of model,the identification of qualification,and the lack of mechanism,three major problems that stand out in the procedure are summarized.To sum it up,the way that only parties are able to file petition is unreasonable,the allocation of judges and the information sharing mechanism are inadequate,and the pressure in "Enforcement to Bankruptcy" is focused on enforcement procedure.Therefore,there are three options to be explored.The first is to correct the single mode,the second is to resolve the contradiction in resource allocation,and the third is to decentralize the cases.To demonstrate the improvement directions of initiation of "Enforcement to Bankruptcy",it is necessary to discuss from the perspective of necessity and rationality,combining foreign experience and actual cases.The measures to promote the initiation of "Enforcement to Bankruptcy".Firstly,giving both the parties and the court the right to initiate procedure.To promote the effective implementation of the two modes,clarify the main points of the procedure like case types,subject who has authority,inquiry and explanation,qualification identification,rights relief,procedural supervision,etc.Secondly,responding to and solve the actual problems of the participants in "Enforcement to Bankruptcy" when the new start-up mode is running.Thirdly,strengthening the interaction between enforcement judges and bankruptcy judges,enforcement information and bankruptcy information,the court and other institutions.Hearing cases in advance,strengthening information construction and promoting cooperation between the court with other institutions.Fourthly,filling the gaps in the system and design new schemes from two aspects: procedural time and complexity.