Nearly two months come, zhou Jiang of secretary of leading Party group of top people court, dean is in frequency of conference intermediate frequency makes deploy to carrying out the job, countrywide court " two solve basically to 3 years it is difficult to carry out " enter time, solve " it is difficult to carry out " in Zhou Jiang the can in the speech compares campaign.
South the reporter observes discovery, the closest executive job deploy falls in " carry out turn go bankrupt " this " last kilometer " on the problem.
"Carry out turn go bankrupt " into " a party to an undertaking " project
Public report shows, two many months come, the speech expression all the more that Zhou Jiang is carrying out the conference to go up for many times " severity " , emphasized a court of justice for many times " a party to an undertaking " responsibility.
Recently, executive job deploy falls in " carry out turn go bankrupt " this " last kilometer " on the problem. Carry out in the countrywide court April 26 turn go bankrupt the job is advanced on the meeting, "Carry out turn go bankrupt " be called " a party to an undertaking " project.
South the reporter understands, "Carry out turn go bankrupt " it is to point to in carrying out a process, if discover the legal entity that is carried out cannot seasonable pay off expires debt, accord with in its " business failure law " formulary insolvency when the condition, go bankrupt through will carrying out case translate into program, it is have the aid of goes bankrupt the method is solved " corpse enterprise " efficient way.
Allude at the same time on the meeting, accelerate perfect carry out with go bankrupt join mechanism, get through is restricted carry out turn go bankrupt all link of the program, perfect " terminative executive case " move send go bankrupt examine working mechanism, accelerate implementation to carry out with go bankrupt of adjudgement without seam butt joint and resource to share wait for act.
"One goes bankrupt case but clear up a certain number of executive cases "
South the reporter understands, what people says normally " it is difficult to carry out " cent is problem substantially two kinds, namely " carry out cannot " with " carry out hard " .
"Carry out hard " it is to show person be executived has belongings to be able to be offerred carry out, but as a result of all sorts of advocate objective reason makes application executes a person cannot seasonable, all get executive money.
Besides, top magic art is newest announce data to show, in all executive cases, the case that has 40% about belongs to person be executived to be able to be offerred without belongings carry out, this kind of case is called " carry out cannot " .
At this point, courtyard of law of Chinese people university teachs Chen Weidong to think, be opposite this kind " carry out cannot " case, at present although the court was built " terminative executive program " , but the problem that solved quantity of judge end a case merely, from the point of common people perspective, still can feel the court adjudicates " dozen white " , need strengthens conduct propaganda further, win a society adequately to approbate.
This kind " carry out cannot " in the case, having is partly quite it is person be executived with the enterprise.
If legal entity does not have belongings to be able to be offerred in process be executived,carry out, carry out a case to be ruled terminative, but person be executived still serves as " corpse enterprise " surrive, relevant party also drives person be executived to enter without motivation go bankrupt program.
Ever held the post of top people court to rule Ceng Zhuanwen weighs the Du Mohua of committee member of full-time of class of commission deputy department, because did not defeat the safeguard that produces a system, this part case precipitates in great quantities come down, become a court to carry out working hidden trouble.
"If go bankrupt,the system falls to real point truly, become the independent judicatory link after executive link, one goes bankrupt the case is OK clear up a certain number of executive cases. " he points out, these executive cases are entered go bankrupt after the program, undertake fair pay off to all creditor, return the problem that can solve the creditor in practice to cannot be treated by fairness. Go bankrupt after the program ends, executive case is OK also end a case.
This that is to say, "Carry out cannot " in the case, clear up is carried out efficient way enters the case of factitious enterprise namely " go bankrupt program " .
Look in Du Mohua, each district court is thinking method is solved carry out difficult question. But if not from fulfil go bankrupt the system does it, "Carry out cannot " the execution of the case is difficult the problem gets very hard settlement from the system. Although some executive case courts are OK the ruling is terminative executive program, but the problem was not solved.
Also the expert expresses affirmation to this, go bankrupt goodly system, have billabong to carry out a case, alleviate execute difficult function.
A large number of " corpse enterprise " it is difficult that aggravate is carried out
Those who deserve attention is, in fact, the amount of business failure case that countrywide court accepts every year, far pass the revoke, industry measure that cancel less at industrial and commercial machine, a large number of " corpse enterprise " with carrying out case and rather than to go bankrupt the form of the case enters a court, farther aggravate it is difficult to carry out.
On Feburary 6, 2017, top people court was promulgated " top people court sends about carrying out a case to move go bankrupt the directive opinion that examines a certain number of issues " , drive " carry out turn go bankrupt " the program is applicable.
Countrywide court is carried out this year turn go bankrupt the job is advanced on the meeting, zhou Jiang points out, "Solve basically it is difficult to carry out " obtain significant progress. But the situation that executive working face faces still austere, from implementation " solve basically it is difficult to carry out " working target still has difference, carry out especially turn go bankrupt the mechanism had be notted form, dissolve the action with be carried out difficult to have not get be developinged adequately through going bankrupt.
Accordingly, zhou Jiang asks to accelerate perfect carry out with go bankrupt join mechanism, get through solves those who carry out difficult question " last kilometer " , the case that allows debtor to lose pay off ability turns to go bankrupt from executive program program, thoroughly cleared executive a long-pending case.
Be aimed at afore-mentioned problems, university of Chinese politics and law teachs Wang Wei country to suggest, should explore a court to depend on system of suspend payment of powers and authorities of office, current " hold turn broken " agree in what creditor or debtor still rely on on important document, to clearing " corpse enterprise " for strength is insufficient, also bring about a few to answer the case that through going bankrupt the program settles " jam " in executing an order.
Courtyard of Beijing University law teachs Guo Li to think, in practice " hold turn broken " the tendency that has an idling, ought to be with right of equal protection creditor oriented, rise carry out turn go bankrupt the efficiency of flow, aggrandizement goes bankrupt the executive function that tries law court, ensure hold turn broken case comes true smoothly to going bankrupt the take-overing of the enterprise.
Interview and write: South reporter Liu
