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On The Construction Of Legal System Of Personal Bankruptcy In China

Posted on:2015-05-10Degree:MasterType:Thesis
Country:ChinaCandidate:F LiFull Text:PDF
GTID:2176330422473043Subject:Commercial law
Abstract/Summary:PDF Full Text Request
Bankruptcy Law System is the symbol of the market economy, personal bankr-uptcy is one of the most one of legal system. In the world, most Market economy co-untries established personal bankruptcy system, but our legislation does not put indiv-iduals into main range of the bankruptcy legal, which is not only different from inter-national practice, but also contradict the needs of society. At the present, our countryis still in Legislative on personal bankrupt lag phase, whether to build of persona ban-kruptcy legal system, and build our of personal bankruptcy legal system taken legisla-ltive model and of personal bankruptcy legal system settings and other issues there isalso much controversy,This paper to analyze of these problems, reflects the topic hascertain theoretical and practical significance. By studying the legal system of personalbankruptcy literature, drawing on the experience of foreign Legislative on the basis ofour of personal bankruptcy legal system be constructed Analysis.Based on the unique characteristics of individual bankruptcy personal legal sys-tem for analysis at the theoretical level, combined with China’s specific social situati-on, set some program design and system suitable for China’s proposed legislative cho-ice. This paper divided into four parts, the first part discusses the necessity and feasi-bility of constructing our of personal bankruptcy legal system; the second part conceptof of personal bankruptcy to resolve, with the development and current status of thelegislative history of bankrupt of personal bankruptcy legal system, discussed main r-ange of specific of personal bankruptcy legal system; third part discusses the processof personal bankruptcy legal system design as well as the characteristics of personalbankruptcy is recommended to set simple bankruptcy proceedings; part IV discussesthe of personal bankruptcy system unique to the legal system, freedom legislative mo-del property regime, exemption system, loss of the right system and the right to re-fitthe reality of the legislative mode selection.
Keywords/Search Tags:Personal bankruptcy, Ability to bankrupt, Liberal property Eliminating, liability, Loss of rights, Complex right
PDF Full Text Request
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