On Setting Up Chinese Bankruptcy Law System Of Individuals

With the establishment and gradual maturity of the socialist market-oriented economy in China,the competitive mechanism required by market economy is reflected in the economic activities inevitably.The impetus and pressure brought by competition result in some surviving and some bankrupt,this provides the soil and opportunity for the formation and development of bankruptcy law.Because bankruptcy involves many aspects and affects people in many terms,our country's bankruptcy law has been developing cautiously.Brewed in the beginning of the 1980s to the current bankruptcy system,there is an obvious gap between the quickly developing request of the society to regulate various forms of bankruptcy and the actual situation that the relevant legislation is lagging behind.One of this gap is that there is no individual bankruptcy law in our country.In developed countries, all subjects should have equal rights and duties.Regarding the rules of the game,no privilege should be given to anybody but economic rules given the market.Therefore,rules for access to market and withdraw from marketfor should be same.In developed countries,bankruptcy mechanism have two main functions,one is to improve the business management by competition;the other is to secure the maximum payment of debts to the creditors by debtors according to the rules.In orderto establish a full-fledged market economy in our country,we must have a better bankruptcy law,which should remedy the shortcomings of the current law lacking of individual bankruptcy.This thesis is attempted to fill this gap.I explain the necessities of making individual bankruptcy law of our country and propose the model of the law based on the study of the existing models of foreign countries.The front part introduces the history of the bankruptcy law. This thesis is divided into four chapters.Chapter one is the generalization of the system of the individual bankruptcy.Chapter two is the probability to establish the system of the individual bankruptcy. This chapter addresses the necessity and practicability of establishing the Bankruptcy of individuals in China.Chapter three is about the handling of the bankruptcy of individuals.This chapter tales over the individal ability of bankruptcy,the bankruptcy reason,the handling of bankruptcy of individals.Chapter four discusses the exempt property system, the discharge system ,the rights limited system and the rights resumed system in the bankruptcy of individuals. In the Conclusion ,the author holds that the bankruptcy of individuals is the fountainof the bankruptcy law system,and the values and the theories it embodied will not beinstead of by other execution system.In the mode times,the general bankruptcy principalis the trend of the world in bankruptcy law,and it has been in condition to put bankruptcyof individuals in practice.I insist on that it is just the problem of time to establish the whole bankruptcy system of individuals in China.