“十五五”部署推动“执破衔接”,提高破产启动意愿仍是挑战| 解读“十五五”
Di Yi Cai Jing·2025-11-24 12:06

Core Viewpoint - The integration of judicial enforcement and bankruptcy systems is essential for effectively revitalizing seized and frozen assets, as outlined in the "14th Five-Year Plan" [1][4]. Group 1: Judicial Mechanism and Bankruptcy Integration - The mechanism of integrating judicial enforcement with bankruptcy, known as "executive transfer to bankruptcy," has been in place since 2015 and aims to facilitate the transition of cases from enforcement to bankruptcy proceedings [3][4]. - The increase in court enforcement cases has led to a rise in enterprises facing asset seizures, resulting in significant economic resources being "frozen" and hindering market activity [2][5]. - The "executive transfer to bankruptcy" mechanism has faced challenges, including difficulties in initiating procedures and insufficient rescue functions for market entities [3][6]. Group 2: Challenges and Future Directions - There are several constraints to advancing the integration of judicial enforcement and bankruptcy, such as insufficient institutional supply and difficulties in initiating transfer procedures [6][8]. - The current bankruptcy system is perceived as harsh on debtors, leading to a lack of motivation for both creditors and debtors to initiate bankruptcy proceedings [7][9]. - Recent amendments to the bankruptcy law aim to encourage debtors to enter bankruptcy proceedings, but overall, the bankruptcy framework still requires optimization [9].

“十五五”部署推动“执破衔接”,提高破产启动意愿仍是挑战| 解读“十五五” - Reportify