破产程序与债务人财产诉讼、执行程序的协调_1936（Coordination of bankruptcy proceedings with debtor property litigation and enforcement procedures _1936）.docVIP

破产程序与债务人财产诉讼、执行程序的协调_1936（Coordination of bankruptcy proceedings with debtor property litigation and enforcement procedures _1936） I. coordination of bankruptcy proceedings with the debtors property litigation and arbitration proceedings Bankruptcy and liquidation of enterprises are inevitably accompanied by a lot of property disputes, so they need to be dealt with except for bankruptcy cases In addition, there will be many cases of disputes and disputes concerning property rights of debtors. How to coordinate the handling of the debtors bankruptcy? Procedure and debtor property litigation and arbitration procedure are not without doubt. Bankruptcy legislation and judicial practice from China and foreign countries Look, the main treatment is divided into the following two methods: (I) absorption and combination of trial doctrine The so-called absorption and combination of trial doctrine is the debtors bankruptcy procedure and the debtors property litigation procedure, Adopt the method of absorption and treatment, and absorb the debtors property litigation procedure in the bankruptcy procedure Be dealt with in the production process. This is represented by our old bankruptcy law and judicial practice Although the old bankruptcy law does not explicitly stipulate that the debtor property dispute settlement procedures are absorbed in the bankruptcy process Preface, but in the concrete operation, our judicial practice in the past has ruled out the ordinary civil trial The application of the procedure in the debtors property disputes, except for the debtors property dispute cases from the debtor and The cases that have been in the second instance are continued to be heard, while others are merged and absorbed in the bankruptcy proceedings without exception, Dealt with in bankruptcy proceedings, which is made directly by the bankruptcy judge. Absorbing and combining trial doctrine has the trial cycle of shortening the disputes over the property of the debtor and reducing t