常州大学学报（社会科学版）2025，Vol.26Issue(5)：1-14,14.DOI:10.3969/j.issn.2095-042X.2025.05.001
"执行破产一体化"的制度内涵与建构路径
Institutional Connotation and Construction Path of"Integration of Enforcement and Bankruptcy"
摘要
Abstract
In current judicial practice,the"conversion from enforcement to bankruptcy"faces difficulties in initiation.The upgraded versions of"connection between enforcement and bankruptcy"and"integration of enforcement and bankruptcy"follow the logic of streamlined practice of"case filing,preservation,trial,enforcement and bankruptcy"and still treat bankruptcy as a logical outlet when enforcement fails,which risks depleting the debtor's advantageous assets.The"integration of enforcement and bankruptcy"model abandons the traditional practice of prioritizing enforcement over bankruptcy and instead advocates advancing the identification and transfer of bankruptcy cases to an earlier stage.This involves connecting bankruptcy procedures with the entire process of case filing,preservation,trial,and enforcement,thus efficiently releasing the bankruptcy procedures' functions in general settlement,market exit,and revitalizing economic order.The"integration of enforcement and bankruptcy"model is based on the commonalities between enforcement and bankruptcy procedures,and implements the concepts and institutional orientations of source governance of enforcement and separation of trial and enforcement.The construction of this integrated model requires unifying institutions and personnel to eliminate identity differences between enforcement judges and bankruptcy judges;promoting full-process bankruptcy transfer to channel eligible corporate legal persons into bankruptcy procedures from the source;integrating enforcement and bankruptcy measures to share logical thinking and work results between the two procedures;establishing a"criminal-bankruptcy parallelism"mechanism to properly handle numerous stakeholders related criminal asset disposal cases;and forming a guarantee system focusing on linkage mechanisms and digital technologies.关键词
"执转破"/"执破一体"/破产移送全程化/执破措施一体化/"刑破并行"Key words
"conversion from enforcement to bankruptcy"/"integration of enforcement and bankruptcy"/full-process bankruptcy transfer/integration of enforcement and bankruptcy measures/"criminal-bankruptcy parallelism"分类
社会科学引用本文复制引用
刘旭东,刘广福.."执行破产一体化"的制度内涵与建构路径[J].常州大学学报（社会科学版）,2025,26(5):1-14,14.基金项目
江苏省社会科学基金青年项目"经济内循环背景下我国个人破产余债免除制度研究"(21FXC004). （21FXC004）
