Abstract:
As an empirical activity under judicial interpretation, the procedure from implementation to bankruptcy is beneficial to easing the difficulty of execution and the difficulty of starting bankruptcy. But it is mainly dominated by local practice and has the following problems:the overall norms are low-level, the rules of the law are difficult to be unified, the specific implementation details are fuzzy, related rules for hard institutional supply and soft culture construction are still lacking, the number of cases handled is minimal, and effectiveness is low. The procedure from implementation to bankruptcy is related to the shaping of the relationship between multiple subjects and the coordination of various interests. Activating the system from implementation to bankruptcy requires the construction of 3 dimensions:system, culture and rules:first, the system supply, which can create bankruptcy trial's specialization and information and strengthen the cooperation between government and court and check analysis; second, cultural construction, which can change people's ideas, and build a bankruptcy culture which promotes the respect for market losers and cultivates the risk consciousness of the market subject; third, fine rules, which can be used to determine the access conditions when a bankruptcy is started by authorities, establish the bankruptcy jurisdiction of the property court and trans-district court, improve the judicial interpretation of the remuneration of the manager, limit the application of the procedure from implementation to bankruptcy, establish the supervision mechanism, and distinguish incentive mechanism between different main parties. Judicial procedure can only provide a remedy, the key to cure is prevention. Considered from a broader perspective, constructing a social credit mechanism is the key to solving the implementation difficulty and bankruptcy difficulty.