July 19, 2023,"Opinions of the Central Committee of the Communist Party of China and the State Council on Promoting the Development and Growth of the Private Economy" released,Clearly requires marketization、Principles of rule of law,Improving the market-oriented bankruptcy mechanism。Enterprise bankruptcy resolution involves many difficult and complex issues,Urgent need for a collaborative solution between the government and the courts。Although various places have actively explored government-court-linked bankruptcy mechanisms,But there is human rule、Many disadvantages of temporary use。Under the development trend of market-oriented bankruptcy,The boundaries of responsibilities between the government and the courts in bet365 mobile should be further clarified、Establish a normalized coordination mechanism and monitoring mechanism,Formulation、Revise supporting laws, regulations and related systems,Thus realizing the institutionalization of the government-court linkage mechanism、Legalization、Normal development。
Delimit the boundaries of bet365 mobile and court responsibilities
Administering according to law、Under the guidance of impartial justice,Clearly demarcate the government、Boundaries bet365 mobile Court’s Responsibilities,Realize the superposition of law-based administration and fair judicial efficiency。
First, clarify the government’s service functions in bet365 mobile。Due diligence investigation involved in bet365 mobile、Enterprise Operations、Review and confirmation of various claims, etc.,Due to the big difference between the bankruptcy procedure and the normal operation of the enterprise,All government departments should understand the corporate bankruptcy process、Develop corresponding work rules based on relevant legal provisions,Smooth processing channels for related businesses in bet365 mobile。
The second is to strengthen the government’s function of maintaining social order in the resolution of corporate bet365 mobile。Plaints and Calls Department、Public Security Department、street、Propaganda departments and others should do a good job in maintaining stability,Coordinate with courts and administrators to legally protect employees in corporate bet365 mobile、creditor、Benefits of vulnerable groups such as home buyers,Prevent and resolve social risks in a timely manner。
The third is to give full play to the government’s role in guiding development in bet365 mobile、The function of optimizing resource allocation。Local Financial Supervision Bureau、The People’s Bank of China and other departments can assist successful reorganization companies in credit repair,Provide diversified financing channels for companies with real reorganization value and financing needs,Realize resources;Urban Construction、Natural Resource Management、Real estate registration and other departments should cooperate with the renewal of real estate during the bankruptcy process、Land disposal, etc.,Lift restrictions on relevant assets in accordance with the law,Helping companies solve historical problems,Timely inventory of production factors;Commerce Bureau、National Development and Reform Commission、State-owned Assets Supervision and Administration Commission、The Federation of Industry and Commerce and other departments should cooperate in recruiting investors、Resource optimization related work,Build an investor recruitment platform,Provide policy support。
The fourth is to insist that the court perform its judicial functions fairly。Working on bet365 mobile trial,Courts should play a more active judicial role,Serving the economy and society。For the powers exercised by the courts as provided by law,Such as judging the value of corporate restructuring、Mandatory approval of reorganization plan, etc.,The court should fully consider market factors、Make independent judgment based on social factors,Avoid excessive administrative intervention。The court adopts supervision of the administrator’s work、Guidance,Understand the external effects of bet365 mobile cases on society,And then clarify the tasks that need to be completed in bet365 mobile disposal。
The fifth is to encourage courts to exercise their powers to solve social problems in accordance with the law。The court can handle the lawsuit for confirmation of part of the creditor's rights,Set the tone for the entire case,Enable a certain type of creditor such as home-buying consumers、The legal rights and interests of small creditors are protected in bet365 mobile proceedings。This process is legitimate and legal,Related issues related to “policy-based bet365 mobile” and judicial practice in which individual governments require courts to break through the legal framework to “maintain stability”,essentially different。
Promote the modernization of the national governance system and governance capabilities through the government-court linkage bet365 mobile
In order to make the government-court linkage mechanism an integral part of optimizing bet365 mobile resolution in promoting the modernization of the national governance system and governance capabilities,This mechanism needs to be further improved,And solve the coordination problem between various departments during the case advancement process。
On the one hand,Establish a supervision and early warning system for distressed enterprises。This is an important manifestation of the government and courts taking the initiative to promote market-oriented bankruptcy,Can provide corresponding guidance and services to distressed enterprises as early as possible。The court can bring lawsuits involving enterprises、Perform statistics;Market supervision and industrial and commercial administration departments can conduct business information on enterprises、Judge whether the relevant data is normal;Local financial regulatory authorities、The People’s Bank of China and others can remind enterprises of the financial risks involved;The State-owned Assets Supervision and Administration Commission can promptly discover the debt risks of state-owned enterprises;The securities regulatory authorities can supervise the capital status of listed companies;Other departments such as labor dispute agencies、Social security department and medical insurance department, etc.,You can also detect signs of abnormal business operations within your own business scope。The early warning system can not only help with bet365 mobile,It will also become an important system to save the enterprise。Through this system,The government court linkage mechanism can be earlier in the bankruptcy proceedings、Function more effectively。
On the other hand,Improving the government-court coordination mechanism。We need to strengthen communication and collaboration between the government and the courts,Smooth information transmission channels、Improving the decision-making execution mechanism,Building an effective governance system for bet365 mobile。Based on the temporary coordination mechanism,Can be adopted more efficiently、A more professional coordination method,To reduce related costs。In the process of improving the government-court linkage mechanism,The overall coordination function of the court should be retained,Assign specific coordination tasks to corresponding government departments,Will coordinate agency responsibilities、Institutionalization of work processes,To facilitate the coordinating agency to coordinate and handle related issues。On procedural matters,The court can contact relevant departments through the coordination agency,Process based on previous experience;For issues that really require coordinated research by multiple departments,Discuss and resolve in the form of meetings etc.。
Realizing the government-court linkage bet365 mobileInstitutionalization, legalization, and normalized bet365 mobile
Improving the existing government-court linkage bet365 mobile,The government and courts should be changed to jointly serve specific cases、Old thinking of solving a single problem,Realize the loosening of the linkage bet365 mobile、Rule by man、Temporary to institutionalization、Legalization、Normal transformation。
First,Improving the collaboration efficiency of government courts through institutional design。Each administrative department should summarize practical experience,Establish a sound work system,Form relevant documents。This will help government staff quickly become familiar with common problems in the process of bet365 mobile。When the government handles bet365 mobile,The linkage mechanism should be built into a normalized system,Institutionalize communication channels between departments and courts,Existing coordination mechanisms such as joint meetings should also be the responsibility of fixed departments,Establish specific contact channels and disposal methods。For example, when it is necessary to maintain stability,The court can directly notify the public security department and streets of the situation,Relevant departments will handle it according to the existing plan,For special issues involving corporate bankruptcy,The relevant departments will then communicate with the court。
Secondly,Improving the legal system supporting corporate bet365 mobile。The gaps in the existing corporate bet365 mobile legal system need to be filled through the rule of law。Adopt the overall revision of supporting laws and regulations,It will greatly reduce the need for temporary coordination by government courts in corporate bet365 mobile resolution。Under existing mechanism,The allocation of responsibilities of government departments can be completely passed by law、The formal embodiment of administrative regulations,When sufficient bottom-up practical experience has been accumulated,Carry out top-down system design。Existing laws and administrative regulations pay more attention to the normal operating status of enterprises,Does not consider the special circumstances and corresponding needs of bet365 mobile disposal,It will inevitably lead to the mechanical application of the law in practice。Improving relevant supporting laws and regulations,Can reduce the provision of services、Work pressure of administrative agencies involved in bet365 mobile proceedings。Staff of relevant departments only need to exercise their powers in accordance with the law、Complete the task by fulfilling the responsibilities,Thus replacing the temporary coordination mechanism with a legal coordination mechanism。
Finally,Explore the combination model of normalization mechanism and case handling。Through institutionalization and legal design,Can weaken the particularity of bet365 mobile,Integrate the functions of various departments in bet365 mobile into daily functions。Therefore,Government departments no longer need to issue corresponding treatment plans for individual cases。Even if there are still cases that require cross-departmental cooperation,Via working group、The form of joint meeting can also better complete the disposal task,And revise the existing system based on disposal experience。Through this model that combines normalization mechanism and case handling,The functional positioning of the government-court linkage mechanism can be clarified,The operating efficiency will also be greatly improved。
(Author’s unit: Qingdao University bet365 mobile School)
Friendly links:
Website registration number: Beijing Public Network bet365 mobile No. 11010502030146 Ministry of Industry and Information Technology:
All rights reserved by bet365 mobile Magazine. No reproduction or use without permission is allowed
Chief editor’s email: zzszbj@126.com Contact information of bet365 mobile website: 010-85886809 Address: Floor 11-12, Building 1, No. 15 Guanghua Road, Chaoyang District, Beijing Postal Code: 100026
>