执破衔接视阈下“执转破”要点透视及规范进路

Analysis of the Key Points and the Improvement of “The Process Change from Execution to Bankruptcy” from the Perspective of the Connection Between Execution and Bankruptcy

《最高人民法院关于执行案件移送破产审查若干问题的指导意见》与《全国法院破产审判工作会议纪要》明晰了"执转破"的特质面向,规范了这一制度的操作路径。"执转破"高效、公平的制度优势及多元化的处理手段决定了这一制度是贯彻中央供给侧改革、淘汰"僵尸企业"、促进市场经济有序发展的重要举措。但囿于制度设计的原因,实践中这一制度并未充分发挥其应有功能。健全"执转破"的进路在于有效利用执破衔接机制,实现执行、破产程序的资源共享,扩大"执转破"的适用范围,改良"执转破"的启动模式及执行程序的财产调查方式,建构简易程序,从而最大程度地释放这一制度的潜能。

The Guiding Opinions of the Supreme People' s Court on Several Issues Concerning the Transfer of Bankruptcy of Cases and the Minutes of the National Court of Bankruptcy Trial Work clearly clarify the traits of "the process change from execution to bankruptcy" and standardize the operational path of this system. This system xs efficient and fair institutional advantages and diversified management methods have determined that it is an important measure to implement the supply side reform, eliminate "zombie enterprises", and promote the orderly development of the market economy. However, due to some problems in the design of the system, this system did not fully play its due function. The method of perfecting this system is to effectively use the connection mechanism of execution and bankruptcy, realize the resource sharing of execution and bankruptcy procedures, expand the scope of application of this system, improve the startup mode of this system and the property investigation method of implementing procedures, and construct simple Procedures to maximize the potential of this system.