Construction Of Personal Bankruptcy Legal System Research

After the New Enterprise bankruptcy law has been promulgated and the individual bankruptcy system has eventually been excluded, it makes us begin to get into the introspection on what is the appropriate time for establishing the individual bankruptcy system. The key of this article is in answering three questions: what is the individual bankruptcy system,whether the individual bankruptcy system can be put into legalization and how to establish.In our country, on the background of no individual bankruptcy Legalization tradition, discussing the individual bankruptcy system is mostly like an armchair strategist. Actually, the individual bankruptcy system is not far away, there are relatively perfect law of individual bankruptcy in Hong Kong,Taiwan and Macau. Through the method of history analysis on the history and development of individual bankruptcy, this article found out that the modern bankruptcy is not the same as what we think about. The purpose of the individual bankruptcy in Ancient Rome and Mediaeval Italy was not absolutely for punishment; the reconstructive function of bankruptcy has already been established. Moreover, the Discharge system,Rights limited and Rights resumed system which were boosted as the characteristic of the modern bankruptcy has been existed in Ancient Rome and Mediaeval Italy.This article also tries to refute the points on"our country's peasants have no properties to bankrupt","the credit systems which is the most important basic institution support of individual bankruptcy system is out of perfection and maturity","the highly developed market economy is the precondition of individual bankruptcy system"and reveal the fact that there are cultural and economic conditions and basic institution support of the individual bankruptcy system. Through analyzing the individual bankruptcy competence,the procedure and the special issues on individual bankruptcy of typical countries and regions, this article put forward a proposal on how to establish the individual bankruptcy system in our country.