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执行程序与破产程序的衔接问题一直是司法实践中的难点。最高院出台的民事诉讼法司法解释虽然对该机制提供了操作性较强的依据,但是在实践过程中还存在着申请执行人缺乏转入破产程序的动力、法院如何判断被申请人达到不能清偿到期债务的程度等问题。本文就执行程序转入破产程序过程中存在的几点问题进行讨论并提出建议。
The connection between execution procedure and bankruptcy procedure has always been a difficult point in judicial practice. Although the judicial interpretation of the Civil Procedure Law promulgated by the Supreme People’s Court provides a strong operational basis for the mechanism, there is still a lack of incentive for applicants to move into bankruptcy proceedings in practice. How does the court judge that the respondent can not pay off The degree of debt due and other issues. This article discusses some issues in the process of carrying out the procedure into bankruptcy procedure and puts forward some suggestions.