To create a market-oriented and law-based international business environment, it is inseparable from a sound market entity withdrawal and rescue mechanism. As early as 1993, the Shenzhen Intermediate People's Court (hereinafter referred to as the Shenzhen Intermediate People's Court) established the first bankruptcy trial division of the national court, taking the lead in starting the professional trial road in the field of bankruptcy. In January 2019, the Shenzhen Bankruptcy Court, the country's first independently operated bankruptcy court, was inaugurated. With the promulgation of the country's first local legislation and regulations on personal bankruptcy system in August this year, Shenzhen took the lead in establishing a complete bankruptcy regulation system and a scientific bankruptcy handling system in the country.
What innovative measures have the Shenzhen court taken in bankruptcy trials? What are the typical practice cases of enterprise bankruptcy reorganization? The first local regulations on the personal bankruptcy system will be implemented on March 1 next year, how will the Shenzhen court promote "breaking the ice"? With these questions, yesterday, the ninth station of the Nandu Neighborhood Word-of-Mouth List Deep Investigation entered the Shenzhen Intermediate Court.
The delegation walked into the litigation service center
"One-stop" judicial services are more convenient for the people
At 10:00 a.m. on the 9th, the Nandu Neighborhood Word-of-Mouth List Research Group first came to the main building of the Shenzhen Intermediate Court, and the first thing that came into view was the "Constitution Wall", which also left a deep impression on the research group. Subsequently, the delegation visited the judicial reform exhibition hall and learned about the reform and innovation process of the Shenzhen court. At the Litigation Service Center, the members of the research team experienced the convenience of "smart litigation service" on the ground. There are self-service inquiry areas, petitioning functional areas, rule of law publicity areas, convenience service areas, etc. The masses who come to handle business can not only handle relevant business by themselves, improve the convenience of business handling, but also enjoy the warm guidance of Shenzhen volunteers, or seek legal aid provided by professional lawyers.
According to the staff of the Shenzhen Intermediate People's Court, the center has set up areas such as litigation service window areas, with many litigation service functions such as online case filing, online and offline mediation, self-service form filling, intelligent complaint generation, implementation risk assessment, inquiry, printing, and providing litigation guidance consultation, and at the same time opens an enforcement reception and handling window, intensively handles online and offline inspection and control, effectively realizing personnel concentration, functional intensification, and effect integration, providing warm one-stop judicial services for the parties.
It took the lead in establishing the country's first bankruptcy tribunal
A number of innovations have been affirmed and promoted by the SPC
"Shenzhen's bankruptcy court was born of reform from the beginning, and in the process of practice, the reform was continuously deepened," After the visit, the symposium around the theme of Shenzhen bankruptcy trial work officially began, and Cao Qixuan, president of the Shenzhen Bankruptcy Court, said that in December 1993, the Shenzhen Intermediate Court set up the country's first bankruptcy trial court, and in 1994, the "Shenzhen Special Economic Zone Enterprise Bankruptcy Regulations" began to be implemented, which can be said to be the "first step" of market-oriented bankruptcy regulations.
Public data show that from 1994 to 2006, the Shenzhen Intermediate Court accepted a total of 534 bankruptcy cases of various types. In June 2007, the new Enterprise Bankruptcy Law was officially implemented, and the bankruptcy cases of the Shenzhen Intermediate Court showed a continuous growth trend, from 2007 to 2016, the Shenzhen court received a total of 953 bankruptcy applications, accepted 565 cases, and concluded 376 cases. According to incomplete statistics, among the bankruptcy cases that have been concluded during this period, a total of 20,849 bankruptcy debts of 97.76 billion yuan have been cleared, and 26.66 billion yuan of bankruptcy claims have been repaid.
In 2017, the National Court Bankruptcy Trial Work Conference was held in Shenzhen, which introduced the bankruptcy trial work of the Shenzhen Intermediate Court in detail, and many institutional innovations in the Shenzhen Intermediate Court, including "enforcement and breaking", were affirmed by the SPC and promoted nationwide.
At the beginning of December 2018, the Shenzhen Intermediate People's Court took the lead in proposing the establishment of an independent bankruptcy court to provide strong judicial services and guarantees for creating a market-oriented international business environment and helping the construction of the Guangdong-Hong Kong-Macao Greater Bay Area. In January 2019, the Shenzhen Bankruptcy Court, the first independent bankruptcy court in China, was officially inaugurated, ushering in a milestone event in the Shenzhen bankruptcy trial.
So far, shenzhen bankruptcy trial specialization has gone through more than 20 years, and has achieved fruitful results in many aspects such as team specialization, system standardization, centralized jurisdiction of cases, and information protection. "In terms of the standardization of the bankruptcy trial system, there are three main embodiments," Cao Qixuan introduced, one is the standardization of the management of bankruptcy administrators, including the introduction of management selection rules, the administrator roster system, etc., the second is the standardization of the trial system, including the standardization of various types of case trial procedures, etc., the quality and efficiency of bankruptcy trials have been greatly improved, and the third is the standardization of the "enforcement and breaking" system.
Take the lead in exploring the personal bankruptcy system
"Breaking the ice" at the same time to achieve overtaking in curves
In August this year, the 44th meeting of the Standing Committee of the Sixth People's Congress of Shenzhen Municipality voted to pass 7 innovative and important regulations, of which the "Shenzhen Special Economic Zone Personal Bankruptcy Regulations" is China's first personal bankruptcy regulations, and the personal bankruptcy system took the lead in ushering in "ice-breaking" in Shenzhen, which is also closely related to the exploration and practice of Shenzhen courts.
"In 2013, we began to explore personal bankruptcy work," Cao Qixuan said, at that time to explore personal bankruptcy on the one hand is the needs of social and market development, on the other hand is also the needs of judicial work, "In 2013, the Shenzhen court set up a special research group and went to Hong Kong and other places to conduct research. ”
In November 2018, when Zhou Qiang, president of the Supreme People's Court, reported to the Sixth Session of the Standing Committee of the 13th National People's Congress on the basic solution of enforcement difficulties, he proposed to "promote the establishment of a personal bankruptcy system" . In 2019, at the meeting of the Shenzhen Municipal Party Committee to discuss the implementation of the opinions on the construction of the pilot demonstration zone, Wan Guoying, president of the Shenzhen Intermediate People's Court, suggested that the pilot project of personal bankruptcy should be included in the action plan. Since then, the Standing Committee of the Municipal People's Congress has started the preparation of personal bankruptcy legislation, and entrusted by the Shenzhen Municipal People's Congress, the Shenzhen court has drafted the "Draft Proposal for Personal Bankruptcy Regulations", and participated in the revision of the draft regulations under the leadership of the Municipal People's Congress organization.
"Shenzhen's exploration of the personal bankruptcy system has been fully supported by higher courts, and the Supreme People's Court has made it clear in its implementation opinions on supporting Shenzhen's construction of a pilot demonstration zone to fully implement the legal effect of adjudication in bankruptcy cases of natural persons outside the SAR, and promote the active support of courts across the country." Cao Qixuan said that personal bankruptcy work has also been carried out in other cities, but in terms of personal bankruptcy system, Shenzhen can be said to have achieved "curve overtaking", "At present, we are formulating the implementation rules of personal bankruptcy regulations, developing personal bankruptcy handling information handling, and making full preparations for the smooth implementation of personal bankruptcy regulations." ”
Taking the lead in the practice of bankruptcy "pre-reorganization", some enterprises have realized 100% of the tax on employees' claims
According to reports, in general, enterprise bankruptcy can be roughly divided into three categories, namely bankruptcy liquidation, bankruptcy settlement, and bankruptcy reorganization, of which bankruptcy reorganization can be said to be an important mechanism for saving enterprises in a mature market economy. According to the data disclosed by the symposium, since the implementation of the new bankruptcy law in 2007, Shenzhen courts have accepted a total of 63 reorganization cases, realized the settlement of creditor's rights of 13.775 billion yuan, resettled more than 13,400 employees, realized the national tax revenue of 342 million yuan, and reduced the losses of about 320,000 shareholders to a minimum.
"We have issued the country's first "Guidelines for the Trial of Enterprise Reorganization Cases", taken the lead in exploring the pre-reorganization system, gave full play to the function of bankruptcy trial to save market entities, improved the benign exit mechanism of market entities, and promoted the quality and efficiency of bankruptcy handling." Cao Qixuan introduced that the Shenzhen Intermediate People's Court also signed the "Implementation Opinions on Improving the Linkage and Coordination Mechanism of the Government and the Hospital for Bankruptcy Work" with 19 government departments to ensure the smooth progress of the bankruptcy handling work.
In the bankruptcy liquidation and reorganization case of Huahan Technology Co., Ltd., as a leading enterprise in the intelligent pipe network and pipe industry, Huahan Technology was unable to pay off its debts due to excessive expansion of more than 5 billion yuan, and after the bankruptcy procedure, after liquidation and reorganization, the Shenzhen Bankruptcy Court diversified reorganization measures to promote the success of its reorganization, realized 100% repayment of employee claims and taxes, and cleared more than 5 billion yuan of debts.
Take the lead in exploring cross-border bankruptcy cooperation mechanisms, and pioneer the "cross-border online auction" model
In the Shenzhen comprehensive reform pilot plan announced in October this year, it was clearly proposed to "promote the comprehensive supporting reform of the bankruptcy system and mechanism", and the first batch of authorized matters in the list of "carrying out the pilot reform of the bankruptcy system" also mentioned that it is allowed to explore cross-border bankruptcy coordination mechanisms and improve the supporting system for property disposal. For the Shenzhen court, there is also a precedent for cross-border bankruptcy collaboration.
In 2018, the news that the Boeing 747 aircraft was auctioned online at Ali Auction aroused widespread concern among netizens, and it was the bankruptcy liquidation case of Shenzhen Intermediate Court Jade International Cargo Airlines Co., Ltd. involved behind it. In this case, the Shenzhen Intermediate People's Court explored the disposal of the liens of bankrupt enterprises for cross-border online auctions, and finally auctioned three Boeing 747 aircraft through the bankruptcy online auction platform, successfully attracting foreign investors to bid and complete the auction delivery of the world's first cross-border large bankruptcy estate.
In 2019, the Hong Kong bankruptcy administrator, with the assistance of the Shenzhen Bankruptcy Administrator Autonomous Organization, applied the bankruptcy estate disposal model of the Shenzhen court to auction five bankruptcy estates with special license plate numbers in Hong Kong at the Ali auction, and was finally auctioned by the bidder for a total price of 600,000 yuan. This is the first time that cross-border bankruptcy assets have been disposed of in the mainland through online auctions.
"In May this year, the bankruptcy proceedings of Nianfu Supply Chain Company were recognized and assisted by the Hong Kong High Court, which is the first cross-border bankruptcy case in the Greater Bay Area, and an important breakthrough has been made in the cross-border bankruptcy cooperation mechanism between the two places." Cao Qixuan said that the Shenzhen Bankruptcy Court is deeply studying the international cross-border bankruptcy practice under the rules of the United Nations Model Law, and with the authorization of the Supreme People's Court, it is deeply exploring the cross-border bankruptcy coordination mechanism, realizing the institutionalization of cross-border bankruptcy cooperation, promoting the development of regional economic cooperation, and serving the new development pattern with the domestic cycle as the main body and the domestic and international dual cycles promoting each other.
"Exploring a new mechanism for the integration of three trials", "Constructing a bankruptcy fraud identification mechanism and disposal procedures"... At the symposium, Cao Qixuan, president of the Shenzhen Bankruptcy Court, also revealed the innovative measures being carried out, which triggered heated discussion and praise from the representatives of the research group. At the end of the forum, Huang Zhijian, member of the party group and vice president of the Shenzhen Intermediate People's Court, summed up his speech and expressed his gratitude for the suggestions and suggestions of the experts of the research group, and wished the Nandu neighborhood reputation list in-depth research activities a complete success and better.