On Bankruptcy System

The bankruptcy rule for the natural person is the start of the law of bankruptcy. Throughout the entire historical development process of the bankruptcy law, the natural person, as an important object adjusted in the law of bankruptcy, held an important status in the bankruptcy law. In this article, with the basic question of the bankruptcy law for the natural person inspected, and bankruptcy theory discussed, changes in the development of the natural person to go bankrupt were promulgated, the more mature concrete legal system for the overseas natural person to go bankrupt was elaborated, and it was proposed that our country should expand the applicable scope, establish the system for the natural person to go bankrupt, and the basic conception of the natural person to go bankrupt in our country as well.The natural person's bankruptcy refers to the legal procedure that when individual citizen cannot pay off the due debt, when applied by the creditor or the debtor, the court declares him bankrupt by fairly distributing the debtor's complete property for the all creditors. The capability of bankruptcy refers to the qualifications that the natural person enjoys which declares bankruptcy. According to the attitudes which may hold towards the natural bankruptcy capability, at present the various countries have two kinds of the legal regulations—the general bankrupt principle and the commercial bankrupt the principle. In terms of the legal regulations about the causes of bankruptcy, there is the English American's enumeration principle and the mainland generalized legal system. Compared with the legal person to go bankrupt, the natural person's bankruptcy has the particularity in the main body, no difference in the bankruptcy capability and the complexity in the causes of the bankruptcy.In the modern society, the function of natural person's bankruptcy rule originated from the fair protection of the creditor's benefits, the rebirth opportunity given to the honest but unfortunate debtor and better means to safeguard economic order. The jurisprudence basis of the natural person to go bankrupt is the main body equality and promoting the stable social economy...