Research On The Establishment Of Individual Bankruptcy System In China

Individual bankruptcy is generally adopted by most of countries, which is the result of the development of commodity exchange under the market economy. No matter in common law countries, or in continental law countries, no matter in businessman bankruptcy principle countries or in general bankruptcy principle countries, individual bankruptcy as one of the applicable subjects always plays an important role in bankruptcy law.However, in China, the Bankruptcy Law System of Individuals still remains blank. This is far from the needs of the development of our country's market economy. For that reason, we must do some research on this issue.This dissertation talks about the establishment of Bankruptcy Law System of Individuals in our country by using historical investigations and comparative analyses and learning from the foreign mature legislative experiences of the Bankruptcy Law System of Individuals. The whole paper is about 35,000 words, divided into 4 chapters.Chapter 1 is the general analyses of Bankruptcy Law System of Individuals. In the first section the author defines the legal definition of Individual Bankruptcy by comparing four viewpoints in the academia and analyzes the legal characters of Individual Bankruptcy. In the second section, the author reviews the developing history of Bankruptcy Law System of Individuals to offer reference to the construction of Bankruptcy Law System of Individuals in China.Chapter 2 is the necessity analyses of establishing the Bankruptcy Law System of Individuals. The first section analyzes that setting up the Bankruptcy Law System of Individuals is based on justice and the stabilization requirement of social economic relationships from the jurisprudential point of view. The second section analyzes the realistic necessity from four aspects: First, it's the requirement to protect the creditor's legal interest; Second, it's more propitious to protect the debtor's legal interest; Third, it's necessary for following the international legislation trend; Fourth, it's call for personal credit consumption standardization, market stability and economy order maintenance; and fifth, it abides by economic principles. Chapter 3 addresses the practicability of establishing the Bankruptcy Law System of Individuals. In section 1, from the theoretical point of view, the author analyzes that it's a trend to set up the general bankruptcy principle. This offers the theory basic to establish the Bankruptcy Law System of Individuals in our country. In section 2, the author explores the practicability of establishing the Bankruptcy Law System of Individuals in China from the rapid improvement of Individual credit checking system and social security, the enaction of property Law and the influence of traditional culture. After the analyses, the author draws the conclusion that we not only should but also can establish the Bankruptcy Law System of Individuals.As the core of the whole dissertation, chapter 4 is about the details in designing of the Bankruptcy Law System of Individuals in China, which focuses on the difference omits the common points between bankruptcy of individuals and legal person. The first section is about the design of the procedure rules. It includes the reason of bankruptcy, the condition of the petition and register and bankruptcy compromise. The second section is about the design of the substantive rules. It includes the exempt property system, the discharge system, the rights limited system and the rights resumed system and the crime.