Bankruptcy Loss Of The Right System Is A Comparative Study

The system of disqualification for Bankruptcy is an important component of bankrupt duty restriction mechanism, and also makes sure that the due effect of bankruptcy be brought into play. Say in a certain meaning, the public responsibility become indifferent and short of the mechanism that investigates and fixes liabilities, is the bottle-neck that prevents the Chinese individual bankruptcy system from coming on all the while. Both the development of the commodity economy and the impetuosity of market competition cause corporation operator to take broader power and more ample freedom. The enlargement of corporation operator should be in line with his duty and liability, however, owing to the absence of the forms and the fixed mechanism about responsibility for Business Corporation bankrupt, the operators manage maliciously as well as figure for benefit at their best. The system throws proper restriction on bankrupts or quasi-bankrupts and balances their rights and obligations just through establishing one responsibility fixed and overawed mechanism in bankruptcy.Regulation of bankruptcy law of our country, the potential loss of the bankrupt's right to the provisions of relevant laws in a fragmented and lack of interoperability, an objective requirement of the loss of the right to improve the existing system. More importantly, China's bankruptcy law experts called for the establishment of the voice of personal bankruptcy system continuously, in real life, the demand for personal bankruptcies also increased. Scholars have generally agreed that the establishment of personal bankruptcies in our country only a matter of time and timing of system problems. New Bankruptcy Law has been a clear recognition of the partnership and its partners and its wholly-owned investment companies and other unincorporated organizations, the ability of bankruptcy, it can be said has been limited in practice to create the personal bankruptcy system in China. Hence the need for personal bankruptcy and disqualification to make complex scientific and reasonable requirements. Under such circumstances, to study and explore bankruptcy system of disqualification to make the system throughout the bankruptcy system to play its due role is meaningful. This paper is combined reality with the theory, comparative research methods to disqualification for bankruptcy system for loss analysis and academic research and proposed disqualification for bankruptcy to improve the bankruptcy system in our country.This article divides into the introduction, the main text and the conclusion three major parts. Main text divides into four parts:The first part is the concept comparison of disqualification for bankruptcy. This part introduced the development of disqualification for bankruptcy and compared with domestic and foreign the limits of disqualification for bankruptcy, and discussed the nature of disqualification for bankruptcy.The second part summarized the characteristic and the value of disqualification for bankruptcy. The disqualification for bankruptcy system is an important part of individual bankrupt system, and it has different with other system characteristic and the unique system value. Through explains its characteristic and the value, we clear about the system nature of disqualification for bankruptcy system , also was clear about the importance of it.The third part is the system comparison of disqualification for bankruptcy system to the various countries. Referring to the typical national legislation , the main body, the pattern, the type and the relief are compared and evaluated. Hoping that we can have a quite clear understanding to each state legal regulation and providing the model for our country's bankruptcy.The fourth part expresses some legislation suggestions about the system. This part in profits from other country and the legislation advanced experience and bases in our country reality foundation, put forward own proposal on the main body, the pattern choice, the type and the relief.