Researches On The Realistic Basis Of Establishing The Personal Bankruptcy System In China

Personal bankruptcy system is a worldwide movement bankruptcy system is the development of market economy of commodity exchange the product. Both the common law countries, or civil law countries, and regardless of the implementation of business or the General Bankruptcy Bankruptcy countries, personal bankruptcy as insolvency law and insolvency law is always one of the objects play an important role. China's New "Bankruptcy Law" on June 1, 2007 came into effect, but it is regrettable that personal bankruptcy is still excluded. With the deepening development of China's market economy, I believe that China has with the establishment of personal bankruptcy in basis in reality. Firstly, the concept of personal bankruptcy system has defined the personal insolvency system reviewed the history of development at home and abroad, and then create a personal bankruptcy system in China based on the reality of a comprehensive study, and finally discusses the personal bankruptcy system in a number of specific system Construction in China.The first chapter first provides an overview of personal bankruptcy system focuses primarily on the definition of personal bankruptcy, personal bankruptcy analysis of the main body of the scope and legal character, and then an overview of the foreign personal bankruptcy system, as well as the history and evolution of personal bankruptcy legislation in China for the development and the status quo.The second chapter mainly analyzes the personal bankruptcy system in China has established a economical base, mainly from the initial formation of market economy, personal business and universal behavior of awareness of citizens and other legal aspects to describe .The third chapter mainly analyzes the personal bankruptcy system in China has established the legislative basis, such as the international advanced legislative experience, the new "bankruptcy law" in the implementation and "Property Law" promulgated and so on.The fourth chapter mainly analyzes the personal bankruptcy system in China has established the institutional basis, including personal credit system, personal property registration system and social security system is established and improved. The fifth chapter Vis the focus of this article, the authors around the world through the comparative study of personal bankruptcy system, combined with China's national conditions, to how to build personal bankruptcy system in China made a number of their views, mainly related to the personal insolvency system, model legislation, personal bankruptcy program system, personal system of three aspects of the insolvent entity. Finally, the writer's personal bankruptcy system, the implementation of the future in our country made a number of other proposals.