Deepen the "Practice Breakfast" to provide a strong and powerful judicial guarantee for the continuous optimization of the business environment of the rule of law

Author:Jiangsu High Court Time:2022.09.23

On September 19, the province's optimized business environment work promotion meeting was held. Wu Zhenglong, secretary of the Provincial Party Committee, emphasized that it is necessary to continue to build a first -class business environment for marketization, rule of law, and internationalization, so that state -owned enterprises dare to work, private enterprises, foreign companies dare to dare Investment, in order to fully implement the major requirements of "the epidemic should be defended, the economy must be stabilized, and the development must be safe", it should shoulder the major responsibilities of the "brave and pick the beam", and provide a strong motivation and powerful for "carrying new mission and writing a new chapter" Assure. In order to implement the spirit of the conference, on September 22, the provincial court held the provincial court to further promote the "resolved integration" reform site meeting, summarized the advanced experience of the province's courts to carry out the reform of "residual integration" and improve the advanced experience of the market entrance mechanism. Promoting, analyzing the problems and difficulties faced in the process of reform, combined with the current situation and tasks, further deepen the reform of the "resolved integration", continue to help optimize the business environment of the rule of law Write a new chapter to provide strong and strong judicial guarantees, and welcome the 20th National Congress of the Communist Party of China with practical actions.

In recent years, the province's courts have closely focused on serving the overall situation of economic and social development, pioneering and innovation, forging ahead, and creatively carrying out the reform pilot work of the "transfers" and "equivalent to the personal bankruptcy system". Cases of bankruptcy cases are simply trial, rapid trial, pre -reorganization, natural person debt clearance, and corporate bankruptcy funding guarantee, etc., and increase the cleanup and treatment of the bankruptcy system for difficulties in difficult enterprises. The production factors such as equipment are released from difficult companies, forming a working pattern of "relocating, standing up, and breaking", which promotes the effective allocation of market resources. At the same time, the courts of the province actively promoted the pilot work of "the function of the personal bankruptcy system", and have determined that Suzhou, Nanjing, and Xuzhou, including 10 districts and cities, and two grassroots courts in other cities and other cities are piloted courts in the province. Essence In the past three years, the province has accepted 378 cases of "comparable functions of the personal bankruptcy system", 232 cases have been completed, and 72 debtors have been exempt from liability, settlement of more than 20 million yuan in debt; 30 debtors were rejected by the conditions for failure to meet the conditions.

In the process of reform and advancement, the Suzhou Court first tried it to break the barriers of procedure, and on the basis of the implementation of the implementation, filing, and bankruptcy of various procedures, take the lead in carrying out the reform of the "broken integration". Overlay and fully release, the compulsory function of the execution program and the liquidation and reorganization functions of the bankruptcy procedure have been fully exerted, realizing "breaking and promoting" and "helping to break", comprehensively improving the efficiency of the "zombie enterprise" clearing and difficult corporate treatment efficiency , A positive contribution to stimulating market vitality and development momentum and helping to optimize the business environment of the rule of law. With the symbol of the reform of the "Perseverance Integration" of Suzhou Court, the implementation of the procedure and the bankruptcy procedure further deepened the in -depth integration of two programs on the basis of the original "connection". Quite "reform work has entered a new stage.

In the next step, the province's courts will conscientiously implement the spirit of optimizing the business environment in the province, with the "two overall situations", keep in mind the "big of the country", clarify the new stage of reform goals and tasks, strengthen responsibility, and ensure the economic and social and social society The height of high -quality development has continuously promoted the work of "harming integration".

1. Improve ideological understanding and change the concept of work

The province's optimized business environment work promotion conference further proposed to continue to build a first -class business environment for marketization, rule of law, and internationalization. The bankruptcy case in accordance with the law will give full play to the full use of the "zombie enterprise" to give full play to the function of bankruptcy and reorganization, optimize the allocation of production factors such as resources, technology, and talents, promote the improvement of the treatment and exit mechanism of market entities, promote economic transformation, and realize high -quality economic development. It is important to have important value. Essence Carrying out the pilot of the "Personal Function with the Personal Bankruptcy System" is an institutional exploration that adapts to the direction of reform and development. It is conducive to encouraging the public's entrepreneurship and maintaining social stability in order to improve my country's bankruptcy system and promote personal bankruptcy legislation. Effective measures for high -quality development. Courts at all levels will further improve their political standing, continue to optimize the business environment of the rule of law from comprehensively implementing new development concepts, accelerating services to build a new development pattern, continuously optimizing the business environment of the rule of law, and serving the high -quality development of economic and social development. When dealing with cases of "resolving" and "comparable functions of personal bankruptcy systems", the work concept is changed, the characteristics of such cases are closely integrated, and thinking and bankruptcy thinking are organically integrated. Strengthen the thinking and methods of "promoting execution", introducing bankruptcy and reorganization in the execution procedure, and cracking the implementation difficulties; strengthen the "resolution", be good at using enforcement methods in the bankruptcy procedure, through restrictions on exit, detention, detention, detention, detention, detention For compulsory measures such as searching for "control, control, seal control, and accounting book", and use the implementation of property monetization platforms and rules to dispose of bankruptcy property, effectively reduce the cost of bankruptcy, and maximize the benefits of procedure.

2. Optimize the working mechanism and innovate work path

Adjust and optimize the division of responsibilities of the court's functional departments, and explore the establishment of a case working mechanism for the establishment of a case of simplifying the case and the establishment of a simple "transition" and "equivalent to the personal bankruptcy system" by the executive bureau and execution of the referee department; further optimize the optimization Standardize the processing process of two types of cases to ensure that the program conversion is legal, standardized, orderly, and unobstructed. Develop and apply the "execution of bankruptcy" informatization management system, use the implementation of information construction results to open up system barriers, strengthen information resources integration, and explore effective docking with the system of industry and commerce, taxation and other departments, to achieve cross -departmental sharing of bankruptcy information. Strengthen the application of bankruptcy simplification procedures, simplify the delivery method, creditors' meetings, and manager selection, and effectively improve the efficiency of the case handling of simple "transfers" and "equivalent to the function of personal bankruptcy system". Further improve the work mechanism of the government and court, build a normalized communication and exchange platform in terms of tax incentives, petition maintenance, public welfare funds, and credit repair, establish a long -term mechanism, and form a joint force. 3. Expand the scope of the pilot and strengthen the advancement of organization

In -depth promotion of the work of "resolving breakthroughs" is an important measure for the people's court to play the role of trial implementation and service to optimize the business environment of the rule of law. Adjustment, linkage mechanism construction, assessment incentives and other aspects of bold exploration and strong advancement. It is necessary to actively explore the establishment of a public office bankruptcy manager system, and in accordance with the local reality, coordinate relevant government departments, and return to professionals from retirees from the administrative departments such as judicial, audit, taxation, etc. Insufficient problems. Before the end of this year, the pilot work of "the function of the personal bankruptcy system" will be fully pushed open within the province's courts, and will conduct more useful explorations in building public bankruptcy managers, carrying out public welfare liquidation, exploring new paths for personal debt cleanups, etc. , Accumulate more practical experience that can be promoted and replicated, promote the reform of the provincial courts to "implement the integration" of the province to a new level, and escort the continuous high -quality development of our province.

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