On the Problems and Optimization Path of the Integration of Enforcement and Bankruptcy Proceedings in China

Due to its inherent defects, the traditional “enforcement to bankruptcy” mechanism is unable to cope with the ever-growing enforcement problems. The integration of enforcement and bankruptcy breaks through the dichotomy of enforcement and bankruptcy procedures, and forms a synergistic mechanism of “promoting fairness with efficiency and supplementing efficiency with fairness” through in-depth integration of concepts, operations and resources. Currently, “enforcement and bankruptcy integration” faces problems such as insufficient start-up motivation, procedural articulation barriers, insufficient differentiation of case types, and the absence of supporting safeguard mechanisms. The procedural choice preferences of creditors and debtors, the functional division between enforcement and bankruptcy departments, and the lack of information sharing constrain the system's effectiveness from being brought into full play. In this regard, systematic efforts should be made to break down the institutional barriers by clarifying the substantive review criteria for “inability to execute”, strengthening the mechanism for activation of the court's powers and authority, constructing an integrated information-sharing platform, perfecting the connection between the effectiveness of execution measures and bankruptcy proceedings, and deepening the linkage between the government and the courts and the construction of specialization.