Research On The Legal Issues Of The Bankruptcy System Of Natural Person

Under the regulation of marketing competition, the phenomenon of bankruptcy will be inevitable in every country. In analyzing the bankruptcy system of some major developed countries, we can find that natural person bankruptcy system is included in every country. However, in China, the system of natural person bankruptcy still remains blank. The Bankruptcy System at present, which only regulates the bankruptcy of corporation or legal person, is far from the needs of the development of our country's Marketing Economic System. For that reason, to build up the system of Natural Person Bankruptcy is in urgent.This dissertation focuses on the Natural Person Bankruptcy System of our country. It mainly uses the research method of comparison and historicism to analyze the Bankruptcy System of many countries. The author talks about the construction of our countries Natural Person Bankruptcy system by analyzing the Chinese Bankruptcy Law in drafting to perfect our country's Bankruptcy System. The whole paper is about 34,000 words, divided in 4 chapters.Chapter one is the general analyzing of Bankruptcy System. In the first section the author defines the legal definition of Bankruptcy and Bankruptcy System and emphasized the function of Bankruptcy Law. The author also emphasizes that this function will not be different no matter the person is natural person or legal person. In the second section, the author analyzes the legal character of Natural Person Bankruptcy and reviews the developing history of it to offer reference to the construction of our country's Natural Person Bankruptcy System.Chapter two is about the reason of constructing the natural person bankruptcy system. The author uses the method of positivism to analyze the necessity, the difficulty and the possibility of constructing this system in our country.Chapter three is about the construction of the Natural Person Bankruptcy system which is the soul of the whole dissertation. The first section is about the design of the procedure system. It includes the reason of bankruptcy, the condition the application, bankruptcy conciliation and the summary procedure. The second section is about the design of the substantive system. It includes the free capital system, personal bankruptcy, compound right system, debt relief system, the void action of bankruptcy and the right of rescission. The third section is about the prime of natural person bankruptcy. For the needs of structure of this dissertation, the design of procedure and substantive system in this part only focuses on the difference between natural person bankruptcy and legal person bankruptcy.Chapter four is about the construction of the assistant system. The first part is about the construction of the personal credit system. The second part is about the perfection of social safeguard system.