On The Construction Of Bankruptcy System Of Individuals In China

Along with our country's reform and open policy unceasing deepening, legal system has been perfected continuously and tended to rationalize and internationalize. However, bankruptcy system is still relative backwardness. Until now, our country has not established our own bankruptcy legal system. The new Enterprise Bankruptcy Law of the People's Republic of China which was promulgated on 2006 extends the subject of bankruptcy to all types of legal persons, but there are still no trace of bankruptcies in the individual. Under the regulation of marketing competition, the phenomenon of individual bankruptcy will be inevitable in every country. The bankruptcy system at present, which only regulates the bankruptcy of corporation or legal person, is far from the needs of the development of our country's Marketing Economic System. For that reason, to build up the system of Natural Person Bankruptcy is in urgent.This dissertation focuses on the Individuals Bankruptcy System of our country, especially some special things of bankruptcy law system of individuals; 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. The subject of this dissertation will be discussed from legal history, comparative study and jurisprudence. It has three chapters.Chapter 1 is the general analyzing of Bankruptcy System. The author defines and analyzes the legal definition of bankruptcy and the subject of bankruptcy, compare Individuals Bankruptcy to execution and Enterprise Bankruptcy. The author also analysis the necessity and legislative mode of our country's Individuals Bankruptcy System.Chapter 2 is the focus of this paper, is about the design of the procedure and substantive system. It includes summary procedure in bankruptcy of individuals, the exempt property system in the bankruptcy of individuals, the discharge system in bankruptcy of individuals, the rights limited system and the rights resumed system in the bankruptcy of individuals. These contents are the unique to the individual bankruptcy.Chapter 3 analyzes and improves of the co-ordinating measures to smooth the progress of the individual bankruptcy.In modern 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. Our country should be from China's national conditions to establish the whole bankruptcy system of individuals.