On Bankruptcy Law System Of Individuals

This dissertation addresses some special and difficult problems of bankruptcy law system of individuals, and intends to provide a legal proposal based on the reality of China and theories for the establishing of bankruptcy law system of individuals in China. The subject of this dissertation will be discussed from legal history, comparative study, jurisprudence and legal sociology perspectives. Except the Preface and Conclusion, the content of this dissertation will be divided into seven parts and totally 150000 words: Chapter 1 is the introduction. This chapter introduces the basic theories related to bankruptcy system and bankruptcy system of individuals, and does some comparative research on the legislations between China and some countries and districts. Section 1 provides a historic retrospection of the initiation and evolvement of bankruptcy system, and a analytic demonstration of the definition and features of bankruptcy. The latest development trend of Bankruptcy system will be introduced here too. Section 2, the author points out that the definition of bankruptcy of individuals will be redefined at first. Especially, the subtle differences between individual and natural person in substantive law and procedural law will be illuminated. The author's opinion is to substitute the bankruptcy of individuals for bankruptcy of natural persons, and specify the meaning of bankruptcy of individuals. At last, this section reveals the legal feature and system value of bankruptcy of individuals by comparing this system with other system. In Section 3, this dissertation discusses the development of bankruptcy and the legislations in major countries, and the history of legislative of bankruptcy in China, and gives a brief evaluation of the bankruptcy of individuals and the drawbacks of the current bankruptcy law in China. Chapter 2 talks over the fore-research problems about the establishing of bankruptcy of individuals in China. This chapter addresses the necessity and practicability of establishing the Bankruptcy of individuals in China, and the basic ideas and principles of this legal system. In Section 1, the author uses the positivism methods to explore the necessity of establishing the system of bankruptcy of individuals against the background of market economy. In Section 2, the author explores the practicability of establishing the Bankruptcy of individuals in China against the background of the rapid development of economy, the improvement of citizens' legal knowledge, the preliminary establishing of credit system, and the improvement of social security. In section 3, the author draws the conclusion that we should not copy the idea of "debtor relief" in foreign countries, instead, the basic idea is to protect the interest of creditor and to cultivate the credit system. At the same time, we should adopt fairness, efficiency, autonomy of the creditors, procurational supervision as the basic principles in drafting the bankruptcy system of individuals, and use them as the guidance in the framing of specific proceedings and systems. Chapter 3 discusses the initiation of bankruptcy of individuals. This chapter addresses some important problems such as the participators, the reasons for bankruptcy and the initiation of bankruptcy proceedings, and tries to provide an framework for drafting our own proceedings of bankruptcy of individuals. Section 1 divides the bankruptcy of individuals into different types according to the capacity of participators. The author suggests introduce legacy bankruptcy law system and adopt the sanctionative bankruptcy system to the responsible leaderships of entity. Section 2 discusses the different reasons for bankruptcy. Section 3 addresses the jurisdiction, petition and register in the proceedings of bankruptcy of individuals, and provides a legislative proposal.Chapter 4 is about the handling of the bankruptcy of individuals ——compromise and liquidation. Compromise, reorganization and liquidation are the three procedures systems to handle the bankruptcy cases, which ar...