Construction Of Chinese Personal Bankruptcy Law System

Make a general survey of worldwide bankruptcy laws, we can find that any mature and complete system of bankruptcy law can't thrive without the personal bankruptcy system. Though we make our own bankruptcy law that was confined in enterprise in 1986, then amended it in 2007, we still deny the personal bankruptcy ability. This situation can't accommodate to the market economy requirements. On the one hand the huge demands for personal bankruptcy, on the other hand our bankruptcy law lagged behind that can't protect this kind of group of people sufficiently. So lay down the bankruptcy law should be put on the schedule. This passage use jurisprudence, law sociology, comparative law, law history comprehensively, combined with Chinese reality, to study the construction of personal bankruptcy procedure and special regulation in personal bankruptcy.This passage divided into four chapters: The first chapter is the basic theory of personal bankruptcy, beginning with the developments of personal bankruptcy. We can find the very first system of bankruptcy is personal bankruptcy, enterprise bankruptcy is just special situation. Then through the description of the values of personal bankruptcy, we argue the necessity of the personal bankruptcy. The second chapter is the bankruptcy ability which is applied to. It's an important index to deduce who can bankrupt. This chapter makes the chineselization according to the reality after contrast with foreign personal bankruptcy ability. The third chapter is personal bankruptcy procedure design. Firstly it described the condition of starting personal bankruptcy. We regulate the bankruptcy reason and applicators. Then we contrast between the comprise procedure, liquidation procedure and reorganization procedure to make Chinese own choice. The Chapter Four mainly describe discharge system, rights limited and resumed system and exemption property system. After translating USC, German Insolvency Law, Insolvency Law and Japanese Bankrupt Law, we combine the new modification of these three systems worldwide to do the Chinese thinking.