Research On Establishing Personal Bankruptcy In Our Country

Bankruptcy is the product of market-directed economy, which means where there is competition ,there is evolution. It is the rational choice of modern governments and subjects of market to follow the objective rules of market-directed economy, alleviate the oscillations brought by bankruptcy through standard bankruptcy systems, carry out the most optimum distribution of resources and maximize property value, and maintain economic prosperity and social stability. Bankruptcy law has already became an important component element of the Legal System of modern market-directed economy, and plays an important role in economical operation and social stability.As the origin and imortant component element, personal bankruptcy also plays the same important role as bankruptcy. However, personal bankruptcy has not been established in our country, therefore can not play its roles. Therefore, it's the purpose of this thesis to discuss relevant issues about establishing personal bankruptcy systems of our country, which my opinions and suggestions on establishing personal bankruptcy systems of our country is based on, including necessity and feasibility, legal environment and legal impediment, relevant system preparation and concrete system design.The framework of the main part of this thesis is arranged as follows:Part one is about the discussion of necessity and feasibility of establishing personal bankruptcy systems of our country. In the first place, I discuss the concept, features, theoretical base and value of personal bankruptcy. Then necessity of establishing personal bankruptcy systems of our country will be discussed, and feasibility at last. Discussion of necessity and feasibility of establishing personal bankruptcy systems is the foundation of this thesis's framework, and premise of its substance. So this part is basic discussion.Part two is about the discussion of legal environment and legal impediment of establishing personal bankruptcy systems of our country. It is divide into two sections. In section one, I discuss legal environment, including legal environment provided by corporate bankruptcy law, property law and international personal bankruptcy systems. Section two is about legal impediment we have to face to, including lacking of supporting law systems, conflict between current law systems and personal bankruptcy systems, absence of complete judicial supporting systems when personal bankruptcy systems are put to effect, and so on. It's subsequence discussion after the basic discussion of part one.Part three is about relevant system preparation of establishing personal bankruptcy systems of our country. This part is substancial discussion after basic discussion of part one and two. Discussion of relevant system preparation is carried on the perfection of personal property registration and administration systems, individual credit rating systems, personal bankruptcy supervision and implement systems, social security systems, and financial systems separately. Through discussion of relevant system preparation, I lay the first stone for concrete system design, which is the core of this thesis.After discussing necessity and feasibility, legal environment and legal impediment, and relevant system preparation of establishing personal bankruptcy systems of our country, the core of this thesis starts here. Part four is about concrete system design of establishing personal bankruptcy systems of our country. This part begins with basic ideas of establishing personal bankruptcy systems of our country, and choosing the legislation Philosophy, fundamental principle and model of our country's personal bankruptcy systems. Then I discuss corresponding substantive rules and procedural systems of establishing personal bankruptcy systems of our country in detail. Finally, I discuss establishment of corresponding judicial systems.