| Bankruptcy system of individual is discharged from bankruptcy suffered due to the bankruptcy declaration of the various qualifications or restrictions on the rights restore the original legal status of the bankrupt a system. It is the right system with the loss of function of the insolvency highlights and developed, is the concept of modern bankruptcy law and institutions. Bankruptcy is a legal based on the loss of the right to maintain social welfare, security of transactions and other considerations, beyond the laws of bankruptcy law by the bankrupt person's eligible public and private law, right to the restrictions, is bound by the duty of bankruptcy an important part of the mechanism, but also to play a the role of the insolvency regime should be protected. However, this "loss of power" limit does not end because of the insolvency proceedings the eradication of course, can not help but have violated the human rights of the bankrupt is suspected, the good and the unfortunate of the bankrupt's rehabilitation would be obstacles. To restore the system to solve the problem is how to make the bankrupt from such a limitation, lost its significance lies in balancing the right to conflict with human rights and balance of the bankrupt's personal interests and the relationship between social interests, will lose the right to define the proper within the scope.In 2006, China promulgated a new "Enterprise Bankruptcy Law," the law of bankruptcy of the main extended to all types of legal persons, and a large number of the introduction of foreign advanced experience, China's insolvency regime and the construction of a big step. But the contents of the insolvency of natural persons entering the country but there is no area of law, which is vividly described as "part of bankruptcy law." With the rapid development of China's commodity economy and international economic exchanges become more frequent, personal bankruptcy increasingly prominent, placed in front of people. Last year, Wenchuan big earthquake occurs, the central bank, the CBRC issued a notice requiring all financial institutions due to the earthquake could not repay the debt are not collections, no penalty, not to make good records. Then, the CBRC also announced that the relevant liabilities identified as bad debts and timely write-off. CBRC notice for those who really lost their ability to repay the loan for the affected populations can be described as solution to their urgent needs. But measures can only be issued a temporary emergency measures to ease the internal settlement of social conflicts and stabilize the socio-economic order to play some role, is not the fundamental way to solve the problem. In such a special context, the early establishment of the voice of my personal bankruptcy system in re-starting the importance of personal insolvency regime once again be manifested.The NPC is currently developing a five-year legislative plan, the personal bankruptcy law is currently an important issue as most likely included in the plan, there, the Supreme Court has formally launched a systematic judicial interpretation of insolvency law-making. All this shows that personal bankruptcy system in China in the near future. China's legal system not only failed to personal bankruptcy, the academic research on this issue still remains in the initial stage, the relevant research is far from in-depth and comprehensive. In view of this, the author of the personal bankruptcy system in the complex power system research, and wrote this article.In this paper, a comparative analysis method, to restore the system of bankruptcy from the theoretical analysis to the system to build a system, a comprehensive study in order to raise more in-depth theoretical circles, and meticulous research. Based on the analysis based on the basic theory, full reference the United Kingdom, the United States, France, Japan, China's Taiwan region and the legislative model, discusses the future of our country the right to re-create a personal insolvency system, the necessity, feasibility, and the specific system concept. Paper is divided into introductory, body, and concluding remarks, in which the body consists of four parts.The contribution of this paper is mainly reflected in:In this paper, based on the existing literature on bankruptcy recovery system of the right to make a more systematic analysis and study. China's current bankruptcy law does not provide for personal bankruptcy system, are forward-looking issues, while the theoretical circles for the Study of personal bankruptcies although there are many, but the specific contents of which are few and far between. As the bankruptcy re-rights system, usually only in the legal system on insolvency related books occupy a chapter, or with the loss of the right to occupy a chapter a system of common share. Domestic academic literature of the system is also extremely rare. In this paper, on the basis of available information, to restore the right of bankruptcy-related legal and institutional system has made a more systematic summary and analysis.Inadequacies of this article:the article length and limited research capacity limitations of the author, as well as foreign-language information access difficulties, this paper re-build our bankruptcy system, the legal aspects of the right to not make a 11 in-depth study. With the legislature and the jurisprudence of the importance of insolvency law, but also that there will be more scholars and legal professionals to be concerned about this issue and make more in-depth a specific study.
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