Abstract：The nature of the bankruptcy procedure determines the operation mechanism and the setting of procedural rules. There are no pure legal facts in the legal relationship of bankruptcy, and the legitimacy of non-litigation proceedings is insufficient. The legal relationship of bankruptcy is different from the legal relationship of ordinary litigation procedure, and the ordinary procedure cycle is long and the cost is high, which does not fit the goal of the bankruptcy system. The purpose of the bankruptcy system to realize the fair compensation of creditor's rights, the strong demand for simple and quick judgment of bankruptcy cases, and the structure of “creditor autonomy principle+administrator center” determines that the summary procedure principle is highly consistent with the due process requirements of bankruptcy judicial review. In order to ensure the legitimacy of the insolvency process, the summary process minimum procedural guarantee requirements must be observed, and the legal hearing right of the parties must be guaranteed. For the ruling of bankruptcy proceedings, the immediate error correction methods such as “objection-cancellation” or “reconsideration-correction” should be adopted. The party concerned shall raise an objection or apply for reconsideration to the court at the next higher level, so as to realize the supervision and guidance of the superior court over the judicial review power of the bankruptcy of the lower court.
吴英姿. 论破产案件司法审查的正当程序——以破产程序理想型为对象[J]. 浙江工商大学学报, 2023, 37(2): 34-47.
WU Yingzi. On Due Process in Judicial Review in Bankruptcy: Ideal Type of Bankruptcy Procedure. Journal of Zhejing Gongshang University, 2023, 37(2): 34-47.
2023, Vol. 37 
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