On Bankruptcy Law System Of Natural Persons

This dissertation analyzes some basic theories, history and latest development trend of bankruptcy law system of natural persons. Based on the law codes of foreign countries and the reality of China at present, the author provides some legal proposals of the establishment bankruptcy law system of natural person in China, which will benefit our country in perfecting bankruptcy law system. The subject of this dissertation will be discussed by using the research methods of semantics, comparison, historicism and positivism. The content of this dissertation will be divided into three parts and totally 54000 words:Chapter 1 is the general analyzing of the bankruptcy law system of natural persons. Section 1 demonstrates the legal definition and features of natural person bankruptcy, and compares the bankruptcy of natural persons with the individual bankruptcy, the consumer bankruptcy and the inheritance bankruptcy, so that it will be understood exactly. Section 2 reviews the developing history and trends of the bankruptcy law system of natural persons, and introduces the history and the development of the bankruptcy law of China. Section 3 introduces the origin and basic theories related to bankruptcy system and bankruptcy system of individuals, which offer references to the designation of personal bankruptcy in our country.Chapter 2 addresses the necessity and practicability of establishing the bankruptcy law system of natural person in China. Section 1 analyzes the reality of our country and the world, and draws a conclusion that it is a objective demands of the economy development, a necessary means to make up for the law deficiencies and a inevitable route to realize the globalization. Section 2 points out that it is practicable to establish the bankruptcy law system of natural persons in our country on the present base of economy, cultural consciousness, individual credit system, social security system and property system.Chapter 3 explores the establishment of the bankruptcy law system of natural persons in China. Section 1 is about the design of the system, which includes the general structure, bankruptcy abilities, reason of bankruptcy, discharge, exempt property, disqualification and rehabilitation of a bankrupt's right and the summary procedure. Section 2 points out the imperfection of the assistant system and offers some advices to perfect the property system and the personal credit system.In the conclusion, author holds that the bankruptcy of natural persons is the source of bankruptcy law system, which will not be instead of by other execution system on aspect of value and principle. It is the historical necessary to establish the bankruptcy law system of natural persons in our country, and the conditions which are required by the practice of personal bankruptcy have attained to maturity. For the needs of reality, we should be design the bankruptcy law system of natural persons in early time, which can devote to the construction of the system of market economy of our country.