The Necessity Of Building Our Personal Bankrptcy In China

Our 2006 has promulgated the enterprise bankruptcy, corporate reasonable and fair market out of the mechanism, but unfortunately, there is no personal bankruptcy of the system of rules, as our economy has developed rapidly, social and economic growth and development of those countries to a high regard, the housing and other consumer credit increases in the state to expand domestic demand and implement the policy of gradually reducing the threshold, credit.And the united states of the spreading subprime mortgage crisis led to a global economic crisis in the background, there will be a large number of payment could not.The legal aspect of the establishment of a system to dissolve and digest of the market risk by individual venture and consumption of promoting the healthy development was particularly important.From the bankruptcy law practice, the concept of law are purely the protection of creditors interest to take the interests of creditors and debtors,more emphasis to be honest but the failure of the debtor's concern for its sound out of the mechanism for the debtor's picked up the lives of confidence,and rational system design made a number of creditors be fair pay. Law is not everything, a man could not be absolutely fair and personal bankruptcy system is established, the need to balance the creditors can't get in with the discharge from the heavy debt for the interests of students from the history of economic of view, personal bankruptcy was the origin of the bankruptcy, corporate bankruptcy system to the provisions of the personal bankruptcy is based upon the extension.I use the law of economic analysis technique, the current our personal bankruptcy system can achieve the target for economic efficiency,and mainly by the law of economic analysis of the microcosmic methods of analysis and economic benefits and costs of the basic method of personal bankruptcy system and establish a necessity and the relevant supporting the improvement made detailed description. The cost of the method of analysis to establish a personal bankruptcy system of necessity was analysed and personal bankruptcy system has reduced the design of the accumulation of wealth, but for the whole social economy, and the loss by the creditors and debtors, which made the people have obtained a new life, such a system design is to balance the interests of the socialist market economy, benign operation helped.Although from our present-day conditions, had a personal bankruptcy system of the soil,but they still exist some factors of personal bankruptcy system of keeping the establishment and implementation of the most important factor is our personal to the letter because of personal bankruptcy system itself to the establishment of a personal letter, the system to avoid the use of personal bankruptcy system of the preferential creditors,and cheat will also improve the efficiency of the bankruptcy system applicable to individual.This is a combination of the theory of knowledge relevant to improve individual letter of the legal system and made some of the crude, for personal bankruptcy system in which lay a good foundation.