Earticle

초록

영어

Recognizing the problems such as the current execute process makes the bankruptcy process difficult to implement the bankruptcy trial resulted in the weakening of the function of the bankruptcy system and the public´s perception of bankruptcy is backward problems that lead to the deficiency of the bankruptcy system In order to solve the problems ofdifficulty in bankruptcyanddifficulty in execution, China has established the system of execute case transfer to bankruptcy review. After the establishment of the system, the theoretical and practical circles have shown great enthusiasm for research, scholars from the theoretical field emphasize on the choice of the starting mode, the path optimization and the concept of due process. But the experts in the practical field focus on improving the operability of the system. This article focuses on optimizing the function of execute the case transfer to bankruptcy review system, on the basis of analyzing the abnormal situation of the system, it analyzes its special function orientation, transfer of an enterprise legal person who is unable to repay or comply with the bankruptcy conditions to bankruptcy proceedings to solve the problem of liquidation. And think that In order to achieve this function, when establish this system it should focuses on the convergence of executive procedures and bankruptcy procedures from all aspects in order to give full play to the bridge function of the system. However, at present, the system has entered a difficult position in judicial practice, and the expected function of the system has not been brought into full play. It is not difficult to find out the reasons for it, The system has been neglected because of the internal system construction, namely, the execution system, the bankruptcy trial system and the execute of the case transfer to bankruptcy review system it also includes the influence of external operation environment including supporting system and bankruptcy concept. Therefore, this article advocates perfecting the system from two aspects: internal system and external operation environment. On the perfection of the internal system, strictly prohibit the execution of the court use the way of end the execution of the program to business entity to solve the situation that the debtor can´t pay off. Set up independent bankruptcy court and professional bankruptcy team. Further refining the linkage mechanism between the executive system and the bankruptcy system. With the perfection of the internal system, provide a strong system guarantee for the execute the case transfer to bankruptcy review system. As far as the optimization of external operation environment is concerned, we must strengthen hard system supply and soft culture construction, create a good external environment for ensuring the operation of the system and giving full play to its functions.

목차

국문초록
I. 緖論
II. &quat;执转破&quat;制度应對的非常态局面与其特殊功能定位
III.&quat;执转破&quat;制度架构的 &quat;执&quat; &quat;破&quat; 衔接路径
IV. &quat;执转破&quat;制度的功能发挥困境与优化方案
V. 結語
參考文獻
中文摘要
Abstract

키워드

저자

• 崔玲玲 [ 최령령 | 西北大學法學院讲師, 法學博士, 碩士硏究生导師 ]

참고문헌

발행기관

간행물

표지보기 관심저널 등록

• 간행물명

  회생법학 [Korean Law Review for Rehabilitation and Bankruptcy]

• 간기

  반년간

• pISSN

  2093-6923

• 수록기간

  2010~2025

• 등재여부

  KCI 등재

• 십진분류

  KDC 360 DDC 340