Reflections On The Legislation Of Personal Bankruptcy In China

Abandoning the limited scope of statue of the existing bankruptcy statutes and adopting a uniform bankruptcy law, which can be applied to a natural person is the only choice for the legislative body to design the bankruptcy law. Now the academic world has not discussed the problem of a natural person's bankruptcy adequately, just focusing all their attention on natural person's capacity of bankruptcy. There are many issues in deciding the legislative pattern, judgment rules and so on, which should be resolved and discussed in details, such as how to define the conception of natural person's bankruptcy, how to invoke procedure of bankruptcy, whether according to expansionism or fixationism to decide when to define the scope of bankruptcy' property, how to judge the range of property exempt from bankruptcy, but academic world of China has no systemic and comprehensive research fruit as a reference to the legislature. As a result, research in this domain is significant for practice and theory. The writer combined literature study of other countries legal systems with comparative research to study establishing the personal bankruptcy legal system. This thesis is divided into six sections. The first part is introduction. First, the writer compares applying conditions of three legislative patterns of bankruptcy law with our established bankruptcy statutes to clarify the significance and purpose of this thesis. According to the findings, the writer points out that the legislature should expand the applying scope of the effective bankruptcy statutes to natural person and establish a uniform bankruptcy law. The second part is choices of pattern. Firstly the writer reviews the history of legislature of personal bankruptcy, then combines it with that of PRC to conclude that common bankruptcy accords with the natural requirements of the social economical life and shows the development trend of bankruptcy. So based on the combination of commercial law and civil law, the writer draws a conclusion that carrying out common bankruptcy of other countries' bankruptcy law is the only right choice to establish the personal bankruptcy legal system. Then, the writer analyses the conception of the personal bankruptcy, applicable objects and character of the law. The third part is the conceive of the bankruptcy procedure. The writer sets forth how to define the requirement of a natural person's bankruptcy, and then points out except for creditors and debtors, the third party, who accorded with some requirements, and procurators should have the right to apply for invoking a procedure of bankruptcy. Furthermore it should be with an open, exoteric mind for the legislature to provide the scope of applicants. Secondly the...