On Establishment Of Natural Person Bankruptcy In China

The insolvency of natural persons are in the strict sense refers to natural persons in general should not discharge its liabilities when due, to all the property of the debtor a fair settlement to all creditors for the purpose of the procedure on the trial . At present, there are a number of Western countries to recognize such a insolvency , whether it is taken business bankruptcy or general insolvency, and in its scope of application are covered on the insolvency of natural persons.In our country individual firm in the situation which for the daily generalization, the individual consumption credit climbs suddenly, integrates individual bankruptcy the bankruptcy legal framework to become the realistic need. In August 27, 2006 our country issued the PRC Enterprise Bankruptcy Law, but simply to establish a business in an orderly exit of the legal system, It is important to protect the legitimate rights and interests of creditors and debtors, and safeguard the socialist market economic order is important. But it mainly applies to corporate entities and natural persons not included in the bankruptcy law, in the framework of the increasing openness of our country, the degree of internationalization of the economy deepened today, if we delay the establishment of natural bankruptcy system, is bound to arise many problems. Therefore speeding up the bankruptcy legislation of natural persons is imperative.This article in the writing process, has mainly used the historical analytic method, Comparative Analysis method, research techniques and some other interdisciplinary methodology, when elaborates our country natural person goes bankrupt the system, mainly analyzed our country as well as other national natural person goes bankrupt the legislation evolution process, how simultaneously to constructs our country's natural person to go bankrupt in the system, has profited from the Western developed country mature legislation experience; In individual credit system consummation, has mainly utilized the financial domain related knowledge, as well as has profited from the overseas developed credit system experience, give some advices on the establishment of our bankrutcy system of natural person in our country.As the saying goes:It is not sufficient on its own laws, a natural bankruptcy system is a systematic project, the reason for the delay on the agenda of our country lies mainly in the personal credit system is far from perfect. Individual credit system construction and the consummation are the prerequisites which the natural person goes bankrupt can realize. Individual credit system establishment and the consummation and the natural person go bankrupt promote, to complement one another mutually, it can provide the legal atmosphere and the social atmosphere system support for bankruptcy of natural persons.