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Bankruptcy Legal System

Posted on:2011-05-26Degree:MasterType:Thesis
Country:ChinaCandidate:J DuFull Text:PDF
GTID:2166360305466137Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
Equality is basic principle in civil relations.the legal system of values is the primary constituent. Rapid economic development in the market today, market players not only enterprise legal, economic organizations and even individuals and as market players in the world economic stage. To ensure the sound development of the economy, there must be legal to adjust the economic relationships between the various subjects. Therefore, the market economy is ruled by law. Bankruptcy system has been escorting a market economy, for a variety of market players to provide the protection of economic activities. As society develops, people thought the concept of change, natural as the market players to take the place of a developing country did not want to Bankruptcy law is a flaw in the legal system.Historical experience has proved that in theory is not necessarily a perfect system can be implemented,and effective systems are not designed well in advance.The reason for that country did not want to develop a Bankruptcy law is a flaw in the legal system, mainly because:(1) can not be equal treatment of creditors and debtors, creditors and creditors.(2)all debts and liabilities of economic agents can see properly addressed.to some exent,determine whether the steady development of social and economic order,(3)build bankruptcy of natural persons.is a partership and sole proprietorship prerequisite for bankruptcy. (4) Wenchuan, Yushu earthquake, many individuals bear the funeral at the same time to face the pain of debt. (5) credit surge in consumer attitudes are beginning to change people, make it as house slaves, cards. Honest and good individuals in the commitment can not be the case, can not start a new life and so on. Therefore, ability to recognize and build Bankruptcy Bankruptcy system can solve this problem.Study natural history bankruptcy system. That the establishment of natural bankruptcy system is to achieve equality between market players and promote fair competition and safeguard the normal social order and safeguard the legitimate rights and interests of the debtor to make up for lack of civil procedure. Into line with the needs of international insolvency rules.ln this paper,the specific situation in China,the theoretical study with practice in,and constructing the proposed system suggess,regardless of an entity aspect of Pochannengli,the reasons for bankruptcy that procedural jurisdiction,application,acceptance,orspecific exemption relating the bankruptcy of system, loss of power and recovery system, bankruptcy crimes system, have put forward my views. Construction of a natural person for the purpose of theoretical preparation bankruptcy system. For personal credit system for developing the infrastructure. Implementation and integration of international law.
Keywords/Search Tags:Natural, bankruptcy, credit, equit
PDF Full Text Request
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