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Bankruptcy System Of Individual In China Supporting System Exploration

Posted on:2011-11-09Degree:MasterType:Thesis
Country:ChinaCandidate:P P ShangFull Text:PDF
GTID:2166330332958398Subject:Economic Law
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The highly anticipated new bankruptcy law introduced in August 2006, was eventually named the "PRC Enterprise Bankruptcy Law", which means that the main body which is capable of bankruptcy in China is still confined to the business entity. After several disputes, bankruptcy system of individual is still not included in the specification of the new bankruptcy law.But with China's social market economy development, people's consumption concept has undergone significant changes. Excessive consumption and consumer credit have become major components in the consumption life. Relevant statistics show that the problem that personal liability can not be settled at present in China has become so widespread, and as the economy continues to develop, this phenomenon will continue to increase. It is difficult to solve all problems in this process only relying on civil proceedings. Therefore, the establishment of individual bankruptcy system is the urgent task of social market economy. In 2008 WenChuan earthquake, with millions of houses instantly destroyed, the affected people are unable to pay for their housing mortgage loans. How to solve the problem? The pressing issues in reality make setting up a personal bankruptcy more urgent once again. In fact, on the establishment of individual bankruptcy regime, although there are many scholars in China who will wait and see, but the focus is not whether to create a personal bankruptcy system but when it should be set up. The writer believes that individual bankruptcy system is complete and complex, and the establishment and implementation of various rules must hold on to means of the supporting system.However, China's current constructions of the supporting systems still can't fully meet the requirements of the establishment of individual bankruptcy system.This paper will start from the urgency of the establishment of individual bankruptcy in China; combining with our national conditions, discuss the important influence of the supporting systems on the establishment of individual bankruptcy; and discuss whether the construction of a variety of related systems at the present stage of our construction is complete, and whether it can support the construction of individual bankruptcy. This paper argues that most of our current supporting systems have been established and can support the establishment of individual bankruptcy, but in some aspects, there still exist problems to be solved.The introduction of this paper will start from the urgency of establishment of the individual bankruptcy system in China, and show that in spite of the urgency it can not be done overnight. It still will need to be completed in a relatively perfect supporting system, so as to play its true effect. The first chapter in this paper will analyze why the establishment of individual bankruptcy requires various supporting systems from the differences between the individual bankruptcy and the business bankruptcy, and then conclude what supporting systems will be needed, and what basic achievements have been made in the construction of these supporting systems. The following second, third and fourth chapters will introduce China's personal credit system, personal property registration and reporting system, the main content of the social security system, the relationship of the above and individual bankruptcy, status quo of those systems, and impacts of those systems on individual bankruptcy in China to further clarify the need to continue to improve over our matching system to make sure we will build the system for individual bankruptcy better.
Keywords/Search Tags:individual bankruptcy, personal credit, personal property registration, personal property reporting, social security
PDF Full Text Request
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