On Bankruptcy Law System Of Individuals In Taiwan

This dissertation addresses some special and difficult problems of bankruptcy law system of individuals in Taiwan, and intends to provide a legal proposal based on the reality of China and theories for the establishing of bankruptcy law system of individuals in China.Chapter 1 is the introduction. This chapter introduces the basic theories related to bankruptcy system and bankruptcy system of individuals, and does some comparative research on the legislations between China and some countries and districts. Section 1provides a historic retrospection of the initiation and evolvement of bankruptcy system,and a analytic demonstration of the definition and features of bankruptcy. The latest development trend of Bankruptcy system will be introduced here too.Chapter 2 provides a historic retrospection of the initiation and evolvement of law system of individuals in Taiwan, and a analytic demonstration of the definition and features of bankruptcy.Chapter 3 discusses bankruptcy of individuals in Taiwan. This chapter addresses some important problems such as the participators, the reasons for bankruptcy and the initiation of bankruptcy proceedings, and tries to provide an framework for drafting our own proceedings of bankruptcy of individuals. Section 1 divides the bankruptcy of individuals into different types according to the capacity of participators. The author suggests introduce legacy bankruptcy law system and adopt the sanctionative bankruptcy system to the responsible leaderships of entity. Section 2 discusses the different reasons for bankruptcy. Section 3 addresses the jurisdiction, petition and register in the proceedings of bankruptcy of individuals, and provides a legislative proposal.Chapter 4 This chapter addresses the necessity and practicability of establishing the Bankruptcy of individuals in Taiwan , and the basic ideas and principles of this legal system. In the Conclusion, the author holds that the bankruptcy of individuals is the fountain of the bankruptcy law system, and the values and the theories it embodied will not be instead of by other execution system. In the mode times, the general bankruptcy principal is the trend of the world in bankruptcy law, and it has been in condition to put bankruptcy of individuals in practice. The author insists on that it is just the problem of time to establish the whole bankruptcy system of individuals which should be established on the reality of China.