On Bankrupt

Bankruptcy institution is closely related with the development of market economy, therefore, a sound bankruptcy institution is a must for establishing a socialist market economy of our country.Our country is short of bankruptcy tradition in history, and New China's constructing of bankruptcy institution is not more than 10 years. Compared with a rather consummate bankruptcy institution of the western countries, the existing rules and regulations concerning the bankruptcy in our country seem too principled, abstract and imperfect. There are many irrational and unscientific rules in it. All of this not only made the applicability of it very difficult, but also made it can not meet the need of establishing a market economy, the reforming of state enterprises, and the international economic intercourse. Thus, they are in imminent need of being completed.To complete our bankruptcy legal system, the first is to complete our legislation about capacity to bankruptcy. Capacity to bankruptcy is one of the important academic and practical problems in bankruptcy law. It decides which subject can use the law, and decides the realization of it's function. Moreover, it also decides a series of procedural problems, such as the jurisdiction of court, Which main body should be given this capacity has not been solved in our country till now.In view of the above-mentioned facts, I take "the capacity to bankruptcy " as my dissertation's theme. I wish, through systematic, all-sided study and by using foreign experience for reference adequately, I can bring forward some valuable consults and make contributions to the codification of China's own bankruptcy law.This article consists of six chapters:Chapter one is the summarization of the capacity to bankruptcy. Based on the explanation of the concept about the capacity to bankruptcy, this chapter summarized the traits and the function of the capacity to bankruptcy in bankruptcy code. To comprehend it better, this article compared it with other civil capacity, such as capacity to civil rights and capacity to action, distinguished their relations and differences. This chapter expatiated particularly on legislation ism in foreign countries, and briefly analyzed the world's developing trend to the everyman ism. Finally, based on the analysis about capacity to bankruptcy in our country, brought forward some advice to our legislation.Chapter two lays an emphasis on natural person's capacity to bankruptcy. Whether natural person should be given capacity to bankruptcy has been debated drastically in our country. Aimed at the positive and negative standpoint about it, from six aspects, this chapter discussed the necessity and the signification of enduing this capacity to natural person. For avoiding the possible passive effects of it, this chapter also discussed the necessity of building the natural person's bankruptcy institution, in the end of this chapter, I also studied some special problem in natural person's bankruptcy,such as the capacity of dead natural person, heritage, and individual partnership.Chapter three is legal person's capacity to bankruptcy. Legal person use its all property to answer for its debt, its property and personality are 1ife and death together. They have the capacity to bankruptcy without question. At the same time, along with the change of law purpose from individual standard to social standard, besides the traditional function of protecting the interests of creditors and debtors, protecting social interest also becomes bankruptcy law's main aim. for the sake of public and society, many countries limit or exclude some legal person's capacity to bankruptcy. Using foreign experience for reference, I put forward several advice in this chapter, especially discussed the capacity to bankruptcy of the financial institution. I also analyzed the restriction added to state enterprise's capacity, wishing it can be noticed and corrected by legislator.Chapter four is unincorporated body's capacity to bankruptcy. Besides natural person and legal...