The path selection of legal construction of summary bankruptcy procedures——Take a sample of 49 district court normative documents on summary bankruptcy
With the development of market economy,efficient exit mechanisms for market entities have become particularly important,which poses an urgent need for summary bankruptcy procedures.Due to practical needs,local courts in China have actively tried summary bankruptcy procedures and accumulated useful experience.However,there are still problems in practice,such as inconsistent rules for the trial of bankruptcy cases in various regions and a lack of practical feasibility in many regulations.It is necessary to unify and improve the relevant rules of summary bankruptcy procedures from the national legislative level.The legislation of summary bankruptcy procedures should aim to improve the quality and efficiency of handling bankruptcy cases,strengthen the protection of the rights of the parties,reduce bankruptcy costs,and maintain a balance between public and private rights.The revision of the Bankruptcy Law in the future should be problem oriented,guided by correct value goals,and focus on the specific and unified legal construction in terms of the applicable conditions and scope,trial system,procedural commencement,creditor meeting and administrator selection,trial period,etc.
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