Dilemma and way out of procuratorial supervision of bankruptcy under the background of revising Enterprise Bankruptcy Law
The protection and relief of the rights of the interest subject,the effective restriction of the exercise of the power of the authority subject and the systematization of the supervision of bankruptcy proceedings are all in-separable from the procuratorial supervision of bankruptcy.At present,procuratorial supervision of bankruptcy is faced with many difficulties:the system lacks systematic norms,the effectiveness level of local legal documents is low,and it is impossible to form unified guidance across the country;the object of procuratorial supervision of bankruptcy is concentrated on the court and the bankruptcy administrator,ignoring other interest subjects and power organs in bankruptcy proceedings.supervision is mainly post-supervision,lack of coercive support,the way is relatively simple,and the effectiveness needs to be improved.Under the background of revising the Enterprise Bankruptcy Law,the system of procuratorial supervision of bankruptcy should be systematically improved.First,the semantic meaning of procuratorial supervision of bankruptcy should be clarified at the legal level and its legal effect should be clearly endowed;secondly,it is to establish the principles of legality,objectivity,neutrality and conformity of bankruptcy supervision;thirdly,we should improve the mechanism of procuratorial supervision of bankruptcy in terms of scope,object and method of supervision.
legal supervisionbankruptcy proceedingsEnterprise Bankruptcy Lawinvestigation and verification
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