Improve the government court's linkage bankruptcy mechanism
January 04, 2024 Source: "China Social Sciences" January 4, 2024 Issue 2808 Author: Ding Yan

July 19, 2023,"Opinions of the Central Committee of the Communist Party of China on Promoting the Development of the Private Economy" release,Determine requirements according to marketization、Principles of rule of law,Improve the market -oriented bankruptcy mechanism。Enterprise bankruptcy disposal involves many difficult problems,Urgently need to work with the court with the court。Although the local government has actively explored the governments' linkage bankruptcy mechanism,But there is human treatment、Temporaryization and other disadvantages。Under the trend of market -oriented bankruptcy,It should be further clarified that the border between the responsibilities of the government and the court in China should be further clarified、Establish a normalized coordination mechanism and monitoring mechanism,Formulate、Modify supporting laws and regulations and related systems,To achieve the institutionalization of the government court linkage mechanism、rule of law、Normal development。

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Administrative in accordance with the law、Under the guidance of fair justice,Determine the government、Court's responsibilities border,Realize the superposition of administrative administration and fair judicial efficiency in accordance with the law。

The first is to clarify the government's service functions in enterprise bankruptcy treatment。Enterprise bankruptcy disposal involves due diligence、Enterprise operation、Audit and confirmation of various claims,There is a large difference in the normal operation of the bankruptcy procedure and the normal operation of the enterprise,All Bet365 app download government departments should understand the bankruptcy process of the enterprise、Formulate corresponding work rules on the basis of relevant laws and regulations,Unblocked Channel of related businesses in the bankruptcy disposal of enterprises。

Second, the function of strengthening the government in maintaining social order in enterprises。Letters and visits departments、Public Security Department、Street、The propaganda department should do a good job of stability maintenance,Coordinating the court and the manager to legally guarantee employees in the bankruptcy of the enterprise、Creditors、The interests of disadvantaged groups such as buyers,Timely preventing and resolving social risks。

Third, the government guides the development of the government in the disposal of the enterprise's bankruptcy、The function of optimizing resource allocation。Local Financial Supervision Bureau、The People's Bank of China and other departments can assist in reorganized successful enterprises for credit repair,Provide a diversified financing channel for enterprises with really reorganization and financing needs,Received the allocation of resources; urban construction、Natural Resource Management、Registration and other departments of real estate should cooperate、Land disposal, etc.,Limit the restrictions on related assets in accordance with the law,Help enterprises solve the problem of historical leftover,Jimpering production factors in time; Business Bureau、Development and Reform Commission、SASAC、Federation of Industry and Commerce and other departments should cooperate with investors to recruit、Resource optimization related work,Build an investor recruitment platform,Provide policy support。

Fourth, adhere to the court's fair performance of the trial function。In the work of bankruptcy Bet365 lotto review trial,The court should play a more active role of justice,Serving the economy and society。The authority exercised by the court by the law,Judgment of the value of corporate reorganization、Forced approval of the reorganization plan, etc.,The court shall fully consider market factors、Based on social factors, independent judgment,Avoid excessive intervention on the administrative power。The court through supervision of the manager's work、Guidance,Understand the impact of the external nature of bankruptcy cases on society,Then clarify the task that needs to be completed in the bankruptcy disposal。

Five is to encourage the court to exercise authority to solve social problems in accordance with the law。The court can handle the confirmation of some claims,Lay the tone for the entire case,Make a certain type of creditor like consumers who buy a house、The legitimate rights and interests of small creditors are protected in the bankruptcy procedure。This process has legitimacy and legality,"policy bankruptcy" and some governments in judicial practice require the court to break through legal framework for "maintaining stability",There are essential differences。

  Modernization of the national governance system and governance capabilities with the government court linkage

In order to make the government court linkage mechanism a organic one -loop to promote bankruptcy disposal in the modernization of the national governance system and governance capabilities,It is necessary to further improve this mechanism,and solve the coordination of various departments in the process of promoting the case。

On the one hand,Establish a dilemma supervision and early warning system。This is an important manifestation of the government and the court actively promoting market -oriented bankruptcy,You can provide corresponding Bet365 app download guidance and service for companies in the predicament as soon as possible。The court can lawsuit involved in the enterprise、Statistics for implementation; market supervision and industrial and commercial management departments can operate information on enterprises、Whether the relevant data is judged normally; local financial regulatory authorities、The People's Bank of China, etc. can remind the financial risks involved in the enterprise; the SASAC can discover the debt risks of state -owned enterprises in time; the securities supervision and management department can supervise the capital situation of listed companies;、The social security department and the medical insurance department, etc.,It can also find the signal of an abnormal business operation of the company within its own business scope。Early warning system can not only help the enterprise bankruptcy disposal,It will also become an important system for saving enterprises。Through this system,Government Court's linkage mechanism can be earlier in the bankruptcy procedure、More effective play。

On the other hand,Improve the coordination mechanism of the government court。To strengthen the communication and collaboration between the government and the court,Unblocked information transmission channel、Improve the decision -making execution mechanism,Effective governance system for building corporate bankruptcy disposal。Based on the temporary coordination mechanism,can be more efficient、More professional coordination method,To reduce related costs。During the improvement process of the government court's linkage mechanism,It should be retained the overall coordination function of the court,Implement the specific coordination tasks to the corresponding Bet365 app download government departments,The responsibilities of the coordinated agency、bet365 live casino games Working process institutionalization,It is easy to coordinate the organization to deal with related issues。Procedural matters,The court can contact the relevant departments through a coordinated agency,It is treated according to preliminary experience; issues that indeed coordinate research by multiple departments need to be coordinated together,Discuss and solve it in the form of meetings and other forms。

  To achieve the government court linkage mechanisminstitutionalization, rule of law, and normalization

Improve the existing government court linkage mechanism,The government and the court should change the specific cases of the government and the court、Old thinking that solves a single problem,Realize the linkage mechanism from loosening、Human Treatment、Temporaryization of institutionalization、rule of law、Active change。

First,Improves government court collaboration efficiency。Each administrative department should summarize practical experience,Establish a comprehensive working system,Formation of related files。This is conducive to government staff to quickly be familiar with common problems in the process of bankruptcy disposal of enterprises。When the government treats the bankruptcy disposal of enterprises,The linkage mechanism should be constructed as a normal system,Institutionalize the communication channels between departments and courts,Coordination mechanisms such as existing joint meetings shall also be responsible for the fixed department,Establish specific contact channels and disposal methods。For example, when you need stability,The court can directly notify the public security department and the street,Relevant departments are dealt with according to existing plans,For special issues involving corporate bankruptcy,Communicate with relevant departments with the court。

Next,Improve the legal system of bankruptcy support bet365 best casino games for enterprises。The blank of the existing corporate bankruptcy legal system needs to be filled by rule of law。Through the overall revision of supporting laws and regulations,The demand for temporary coordination of the government court will greatly reduce the demand for the bankruptcy disposal of enterprises。In the existing mechanism,The distribution of Bet365 app download government departments can be all through the law、The form of administrative regulations embodied,Practical experience in the bottom -up practice is enough,Develop a top -down institutional design。Existing laws and administrative regulations consider the normal business status of the enterprise,I did not consider the special circumstances of bankruptcy disposal and corresponding needs,It will inevitably lead to the application of the law in practice。Improve relevant supporting laws and regulations,can reduce the service、Work pressure of administrative agencies participating in the bankruptcy disposal procedure。Staff of relevant departments only need to exercise their powers in accordance with the law、Performing the responsibility can complete the task,Therefore, the coordination mechanism of rule of law replace the temporary coordination mechanism。

Last,The combination mode of exploring the normalization mechanism and the disposal of the case。Through institutionalization and rule of law design,It can weaken the particularity of the bankruptcy disposal of the enterprise,Integrate the functions of various departments in the bankruptcy disposal of the enterprise into the daily functions。So,Bet365 app download government departments no longer have to introduce corresponding disposal plans for cases。Even if there are still cases, there are still cooperation in the department,Through the working group、The form of the joint meeting can also be better completed to complete the disposal task,and revise the existing system based on disposal bet365 best casino games experience。A mode of combining this normalized mechanism and case treatment,Can clarify the functional positioning of the government court linkage mechanism,Its operating efficiency will also be greatly improved。

 (Author Unit: School of Law of Qingdao University)

Editor in charge: Zhang Jing
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