China 's Natural Person Bankruptcy System Build

The commodity society needs the bankrupt law system,the bankrupt law system is also an important constituent of the state economy law system,and it plays important safeguard role in market economy development.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.On June 1,2007,the new "People's Republic of China Enterprise Bankruptcy Law" started to implement,compared to the original bankruptcy law to achieve a greater breakthrough application of the broader,more workable. But it is a pity that the new "People's Republic of China Enterprise Bankruptcy Law" doesn't include natural person.This paper will be discussed from comparative study and jurisprudence,and addresses some special and difficult problems of bankruptcy law system of natural person. At the same time,this paper intends to provide a legal proposal based on the reality of China and theories for the establishing of bankruptcy law system of natural person in China.Construction to apply to China from the bank-ruptcy law of natural person,this paper analyzed the necessity and feasibility of establishing the bankruptcy law of natural person in China, and explore how to use the rest of the world in mature bankruptcy system of natural person for building China's bankruptcy law of natural person. the content of this paper will be divided into six parts:Part 1 is the preface.This part introduces the history of China's bankruptcy law system and background of the new bankruptcy law. Afterwards,this part advances that we should establish the bankruptcy law of natural person in China.Part 2 is the basic theories of the bankruptcy law of natural person. This part discusses the definition,feature and value of the bankruptcy law of natural person.Part 3 analyses the necessity and the possibility of establishing the bankruptcy law of natural person in China.Part 4 is the comparative study of the bankruptcy law of natural person.This part introduces the bankruptcy law of natural person in Japan, Germany and Hongkong,and analyses the feature of the bankruptcy law of natural person in these countries.Part 5 is how to establish the bankruptcy law of natural person in China.This part analyses concrete systems of he bankruptcy law of natural person,including pattern,the reason of bankruptcy,the property of bankruptcy,compromise system,discharge system and the rights resumed system.Part 6 is the conclusion.In the conclusion,it is a trend establishing the bankruptcy law of natural person.We should establish the bankruptcy law of natural person in China.The Part 5 is the emphasis in the six part.But as a result of the time hasty,the length limitation as well as individual level is insufficient,this paper only expounds the main system of the bankruptcy law of natural person.Regarding the bankruptcy law in general question,like the creditor congress,the board of creditor,the inspector general person,the supervisor, this paper all have not carried on the special elaboration.Moreover this paper mainly involves the question of entity,has not carried on the concrete elaboration regarding the bankrupt procedure.Therefore this article so-called system design,has not formed a complete system.The author believes that more and more scholar will pay attention to the bankruptcy law of natural person,and the integral research system of the bankruptcy law of natural person can form gradually.