The Construction Of Simplified Bankruptcy Procedure In China

Since the issuance of the "Enterprise Bankruptcy Law" in 2006,bankruptcy proceedings have become an important part of enterprises exiting the market.With the development of market economy,there have been many bankruptcy cases in judicial practice where the facts are clear,the relationship between willingness is simple,the amount of property is small,and the number of creditors is small.The willingness of the parties to these bankruptcy cases to quickly withdraw from the market conflicts with the complicated bankruptcy procedures.If the current bankruptcy procedures continue to be applied,it will not only harm the enthusiasm of the bankruptcy parties to withdraw from the market through bankruptcy procedures,It also wastes judicial resources.Therefore,in order to meet social needs and improve the efficiency of bankruptcy proceedings,some local courts have responded by conducting pilot projects,drawing on foreign legislative experience,formulating simplified bankruptcy procedures in the region,and exploring new ways to improve the bankruptcy legal system.This article uses case analysis,comparative analysis,and other research methods to study the construction of simple bankruptcy proceedings.Apart from the introduction and conclusion,it mainly consists of four parts:The first part,through the study of the institutional value of summary bankruptcy proceedings and the exploration of summary bankruptcy proceedings at home and abroad,defines summary bankruptcy proceedings,and analyzes the characteristics,theoretical basis,and applicable principles of summary bankruptcy proceedings.The second part analyzes the institutional value of simple bankruptcy procedures,from five aspects: ensuring market economic development,optimizing the legal business environment,improving the market exit mechanism,improving the bankruptcy legal system,and achieving the separation of complex and simple cases.The third part is the exploration and experience of summary bankruptcy proceedings at home and abroad.Domestic exploration is based on the "High Efficiency Trial Opinion" issued by the Supreme Law,judicial practice experience in some regions,and the provisions of the original draft law on summary bankruptcy proceedings.Foreign experience draws on the bankruptcy laws of Japan,the United Kingdom,and Germany to provide experience and inspiration for China’s summary bankruptcy proceedings.The fourth part is about the specific construction of the simple bankruptcy procedure.It mainly includes: the standards and exclusions for the application of summary bankruptcy proceedings;Jurisdictional courts and operational mechanisms;Setting up meetings of managers and creditors;Simplification of relevant deadlines and links is aimed at providing suggestions for China’s simplified bankruptcy proceedings.