A Comparison Study Of The Individual Bankruptcy Law

Up till now, the subject of the bankruptcy law is confined to legal person ofenterprises. Although there is an indication that the subject of bankruptcy wouldcontain the individuals in the new bankruptcy, we don't have a perfect set ofindividual bankruptcy law system and relevant economic system. The authorstudies individual bankruptcy law system by document study and comparativeresearch. The author referred to many reference materials to compare theindividual bankruptcy legislation among America, Australia and Japanese. Theauthor forms his own ideas and legislation suggestions according to the legislativepractice in china on the choice of legislation doctrine. In the aspect of thebankruptcy ability, either the British-American Law System or the Continent LawSystem grand everyone bankruptcy ability. The author advises to make everyonein china have the bankruptcy ability. In the aspect of bankruptcy reason, theBritish-American Law system traditionally uses the listing method, while theContinent Law System, summarizing method. The author advices to compoundthe two methods. We can summarize the general principles at the head and havelisting detail reasons below in order to provide the standard references for thejuridical officials. Individual bankruptcy property and bankruptcy discharge aretwo important parts of this system. On choice of two doctrine of bankruptcyproperty, the author thinks that we couldn't copy the American mode completelyand we should consider our realistic situation and make our own choice. Weshould guarantee the exempt property in favor of the debtor according to thestandard raised by a Japanese scholar 'the lowest healthy and cultural life'.Individual bankruptcy discharge has gone through the phases of non-discharge todischarge and promised discharge to due discharge. Discharge has become thenecessary parts of the whole system. The author suggests we can have different discharge duration at the different ratio of the paid debt. We should decrease the application standard, add to the withdrawal of discharge, and detail the debts out of the discharge. With the advices above, the author is expecting she can provide valuable suggestions as legislation reference.