Legitimacy and Realization Path of Procuratorial Supervision of Bankruptcy Proceedings

The supervision of bankruptcy cases by procuratorial organs is a new phenomenon gradually emerging in the practice of our country’s bankruptcy legal system. Some local judicial organs in our country have successively issued procuratorial supervision norms for bankruptcy cases. Although they have made some explorations in system design, their practical effect is not good. The reason is that the system positioning is unclear and the operability of the rules is not strong. Therefore, it is necessary to carry out a historical investigation of procuratorial power and procedure allocation in China’s bankruptcy law practice, clarify the development, evolution and value orientation of bankruptcy procuratorial supervision, and reveal the legitimacy and legal basis of procuratorial organs’ supervision of bankruptcy cases from three dimensions: right relief, supervision needs and governance response. In the future, the participation status of legal supervisors in bankruptcy cases should be strengthened, to ensure the actual effect of bankruptcy procuratorial supervision from the level of rules improvement and mechanism optimization.