The Research On The System Of Rehabilitation Of A Bankrupt's Right

Rehabilition of a bankrupt's right is a system to restore his primary legal status, and make him release from kinds of restrictions of qualifications or rights. It is coming in to being with the function of disqualification developing prominently ,which is a concept and system of bankruptcy law. By the regulations excepting bankruptcy law, disqualification for bankruptcy restrict the bankrupt's qualifications and rights on the public laws and private laws, which is on the basis of maintaining social public service and trade consideration. The system of disqualification for bankruptcy is an important compoment of bankrupt duty restriction mechanism, and also makes sure that due effect of bankruptcy be brought into play. However, this kind of" disqualification " does not consequently eliminate with the end of the procedure of bankruptcy , which is suspected of infringing upon the bankrupt's human rights, and also goes against the regeneration of kindhearted and unfortunate bankrupt. The problem that the system of rehabilition of a bankrupt's right solved is how could make bankrupt free from such restrictions, its meaning not only lies in balancing the conflict between the disqualification and human rights, but also lies in balancing the relation between individual interests and social interests, which make disqualification on a just range . Using the research method of comparative analysis, the author study the system of rehabilition of a bankrupt's right overall from theory to legislation, in the hope of causing the deepening and careful research of academe. The paper falls into three parts excluding the preface, main body and concluding remarks.The main body is composed of three branch sections as follows:First section is a generic theory of the system of rehabilition of a bankrupt's right. By way of combing out the current regulation and theory about the system, this section expouds its meaning in four sespects from the subject , range , importantdocument, mode, and so on. Secondly, make analysis to the nature, meaning theoretically, and conlude that its nature is a restoration of the right ability; its meaning is not merely shown as the relief to disqualification for bankruptcy, it also concerns guarantee of human rights, furthermore, the more important thing is that it is another important recycled mechanism and regeneration system in the bankruptcy of natural person. Again, the author analysis its frame that system exist, confirming the concrete suitable space of it.Second section is about the legislation of the system of rehabilition of a bankrupt's right that is compared. Have recommended at first the general regulation of the system of various countries and area, attempt to probe into their differences and reasons from two aspects including the relations between rehabilition of a bankrupt's right and disqualification for bankrupt, rehabilition of a bankrupt's right and bankruptcy discharge. Thereby, provide theory foudation for the legislation of the system.The third section is the legislative idea of the system of rehabilition of a bankrupt's right in our country. On the basis of combining the national conditions of our country and analysing in setting up the feasibility of rehabilition of a bankrupt's right, the author expresses six legislation suggestions about the system, i.e. legislative mode, subject , range , important document , force adeffect and cancel , the design program for mode of permitting rehabilition of a bankrupt's right.