Study On The Procedure Of Transferring Civil Execution To Bankruptcy

China’s civil execution to bankruptcy procedure was created with the aim of resolving the backlog of execution cases and facilitating the commencement of bankruptcy proceedings by importing "non-executable" cases into bankruptcy proceedings.Due to the theoretical controversies and practical obstacles in the operation of the civil execution to bankruptcy procedure,the civil execution to bankruptcy procedure has fallen into the lack of motivation to start,the lack of standardization of transfer,the lack of smooth connection,the lack of uniformity of local operation norms,the complexity of the procedure,the abuse of the procedure and other obstacles,which cannot give full play to the effectiveness of the civil execution to bankruptcy procedure.In this regard,this thesis,on the one hand,analyzes the theoretical origins and functions of the civil enforcement and bankruptcy procedures from the theoretical level,so as to determine the attributes of the civil enforcement to bankruptcy procedure system and regulate the problem of procedural abuse through the principle of effectiveness.On the other hand,it analyses the obstacles to the operation of the civil enforcement to bankruptcy procedure,combine the legislation and judicial practice,and propose a practical way to optimize and further improve the procedures for the commencement,transfer,connection,simplification and supervision of the civil enforcement to bankruptcy procedure.As the core of the interface between enforcement and bankruptcy procedures,civil enforcement to bankruptcy procedures have the external characteristics of enforcement and bankruptcy procedures,but also have relatively independent attributes.Only by defining and improving this procedure through theory and practice can the effectiveness of the civil enforcement to bankruptcy procedure be truly brought into play,optimizing the business environment,improving the market exit mechanism and breaking the "last mile" of the enforcement dilemma.