On Bankruptcy Legal System

This dissertation addresses some special and difficult problems of bankruptcy law system of natural persons. Based on the law codes of foreign countries and the reality of China at present, this dissertation provides some legal proposals on the establishment of bankruptcy law system of natural persons in China, which will benefit us in perfecting bankruptcy law system. The dissertation will be discussed from legal history, comparative study and legal sociology perspectives. Except the preface and conclusion, the content will be divided into four parts:Part 1 is the introduction. This part introduces the basic theories related to bankruptcy system and bankruptcy system of natural persons, and some research on the legislations in China at present. Firstly, it gives the legal definition of natural person bankruptcy by pointing out the definition of natural person, bankruptcy and bankruptcy of individuals. Secondly, it introduces its features so that we can get the differences between the natural person bankruptcy and the company bankruptcy. Thirdly, it demonstrates the initiation, developing history and trends of the bankruptcy law system of natural persons, and the system value in foreign countries. At last, it addresses the necessity and practicability of establishing the bankruptcy of natural persons in China by illuminating the opinion of our legislature on this problem, the background of rapid economy development, and the preliminary establishing of credit system.Part 2 discusses some special problems of the bankruptcy of natural persons in substantive perspective. It concludes some special systems, foreign legislations, and some elicitation to the establishment of natural person bankruptcy in our country. At first, it addresses the qualification and reasons for the bankruptcy of natural persons. At second, it discusses the exempt property system in the bankruptcy of natural persons and provides some proposal in the modes and criterions for its establishing in our country. Then, it is about the discharge system in bankruptcy of natural persons, excepting for its definition and development, this section addresses the conditions of getting the discharge and some limitation in different countries, then it gives some suggestions on the legislation. At last, it addresses the rights limited system and the rights resumed system in the bankruptcy of natural persons. This section gives the definition, development and the value of these systems and some comparative research in different legislation, coming with providing some ponder about the systems based on the reality of China.Part 3 discusses some difficult problems of natural person bankruptcy in procedural perspective. Firstly, it addresses the start of bankruptcy of natural persons, including the application and acceptance of bankruptcy procedure. Secondly, it discusses the handling of bankruptcy of natural persons, including the compromise and liquidation. They are regarded as the core content of the bankruptcy law system. This section points out the appearance and value of the compromise system, and gives some comparative research in different countries. Then the section demonstrates some special problems related to the bankruptcy of natural persons, such as the removing of the manager's duty. At last, it is about the brief procedure of bankruptcy, concluding the definition and features of the brief procedure, it also provides some proposals in the application and design of the brief procedure in the legislation of China.Part 4 addresses some assistant systems related to the bankruptcy law system of natural persons. It concludes the system of management on private property, system of personal credit and system of social security. As to the personal credit system, the dissertation addresses the harvest and imperfection in the credit system establishing these days, and offers some advices to perfect it. So the dissertation brings in the FICO in order to benefit the establishment of personal credit system in our country.