Study On The Procedure Of “converting Execution Into Bankruptcy??

The establishment of the "execution and bankruptcy" procedure has broken the barriers between enforcement procedures and bankruptcy procedures.Established a channel for connecting the two procedures,improved the exit mechanism of market entities,and revitalized idle market resources to promote the normal operation of social and economic order.As a new system,China’s "implementation and breaking" procedure has a series of problems.Such as difficulty in starting,poor connection of "implementation and breaking" procedures,and imperfect supporting systems for "implementation and breaking" procedures.This paper adopts research methods such as literature method,practical investigation and comparative analysis method.By analyzing the advantages and disadvantages of enforcement procedures and bankruptcy procedures in legislative and judicial practice.This paper proposes measures such as increasing the application doctrine supplemented by authority,strengthening the enthusiasm of the parties to apply for the initiation of the "enforcement and bankruptcy" procedure,establishing a court performance appraisal system,and setting up a special "enforcement and bankruptcy" team.So as to solve the difficult dilemma of starting the "enforcement and bankruptcy" procedure.By standardizing the jurisdiction of "transfer and bankruptcy" cases and constructing summary bankruptcy procedures,so as to promote the effective connection of "enforcement and bankruptcy" procedures;Improve the supervision system for bankruptcy administrators,optimize the government-court linkage integration system,and standardize the supporting system for information sharing,so as to improve the supporting systems related to the "execution and bankruptcy" procedure,and strive to break the "last mile" between enforcement procedures and bankruptcy procedures.