Problems about bankruptcy and debt repayment procedures of enterprise legal persons in the new civil procedure law

(1) The bankruptcy and debt repayment procedures of enterprise legal persons stipulated in the Civil Procedure Law are applicable to collective enterprises, joint ventures, private enterprises, Sino-foreign joint ventures, Sino-foreign cooperative ventures and foreign-funded enterprises with legal person qualifications. However, if all parties to the joint venture are enterprises owned by the whole people, the bankruptcy of the joint venture does not apply to the bankruptcy and debt repayment procedures of enterprise legal persons stipulated in the Civil Procedure Law, but to the Enterprise Bankruptcy Law of the People's Republic of China (for Trial Implementation).

(2) The bankruptcy repayment procedure is a special procedure, which is comprehensive and independent. From the point of view that the bankruptcy liquidation procedure is not caused by a specific dispute over creditor's rights and debts, it is not actionable. However, in the bankruptcy settlement procedure, there are two opposing parties, which will cause some disputes (for example, the creditor applies for the debtor's bankruptcy, and the debtor can object to the creditor's rights), so there are some controversial factors. At the same time, from the point of view that the direct purpose of bankruptcy liquidation procedure is to pay off debts, it can be regarded as a debt liquidation procedure, so it is enforceable.