A Study On The Legal System Of Natural Person Bankruptcy In China

The personal bankruptcy system has always been throughout the world Bankruptcy Law, but it is still in legislative gap. With the development of economic, the expansion of consumer credit, personal investment losses led to the bankruptcy has become frequency, the problem of individuals can not pay emerged. From the foreign perspective of the development, the businessman bankruptcy doctrine still irrationality while the general bankruptcy is prevalent, which also has an positive impact, it can guarantee debtors rebirth,remedy for losses caused by bad investments,while it is also can maintain social stability. The personal bankruptcy system is also the embody of the tenents of economy os manufactureing and parity, and the promote fair competition. Through the thoughtful design of this system can also diminish the misuse of it, thus it is imperative for us to build the system on the status of the widening gap between the rich and poor.In this paper, on the basis of a brief analysis of the personal bankruptcy system theory, according to China’s national conditions, introduce the necessity and possibility of the systems establishment, and then concentrate on the layout of the system should be paid on, such as the subjective system, the bankruptcy prevention system, the discharge system, the rights limited system, the rights resumed system and the exempt property system.The dissertation discussed from comparative study and legal history perspectives. Providing a legal proposal through combine this system theory and the reality of China.The passage will be split into four parts: The first segment is the summary of this system, provides a historic retrospection of this system and have an analyze of the meaning and characteristics of it, which has a groundwork for the following. The second segment is the basic principle of this system, including the equity, creditors autonomy and efficiency principles; the third segment analyzes the necessity and feasibility of constructing the system briefly; the fourth segment is the design of the the system, which includes the subject, the bankruptcy prevention, the bankruptcy discharge, the rights limited system and the rights resumed system, the freedoms of the property system. The Summary section summarizes the reasons for the establish of the system, noting that we should conform the world tide and make provisions of the system.