“执转破”制度的运行障碍与完善路径- 以宁波地区法院为样本

Abstract

The procedure of ‘Execution into Bankruptcy’ aims to guide the cases that persons subject to enforcement whose property is not sufficient to pay off all the debts or who have no property to be executed to the bankruptcy procedure, thereby the execution procedure can be connected smoothly with the bankruptcy procedure. However, due to the short of motivations for the party to turn the case into bankruptcy procedure, not familiar with the financial position of the person subject to enforcement, hard to judge that the person subject to enforcement really goes bankrupt, the existence of participation in distribution and mandatory management system and so on in the execution procedure, the ‘Execution into Bankruptcy’ program doesn’t achieve its goal in practice. In order to cope with the difficulties such as trouble in initiation and poor performance of the ‘Execution into Bankruptcy’ program, qualifying the creditor in public law for initiating the ‘Execution into Bankruptcy’ program, defining the obligation for persons subject to enforcement to provide financial data and information, and restricting the participation in distribution or mandatory management of the incorporated enterprise should be adopted.