The Study On The Law Of Bankruptcy For Natural Person

On June 1,2007, after 10 years of brewing and adapted the new bankruptcy law finally enacted, but its was nicknamed "half of bankruptcy law". Natural persons were excluded from the scope of the "bankruptcy law outside. Theoretically speaking, the bankruptcy of the enterprise bankruptcy is outspread. No personal bankruptcy system, the whole bankruptcy law is not complete. The draft in bankruptcy twice this year and collect at the issue of CPPCC, natural persons are put forward, bankruptcy was a scholar's support, but ultimately failed to get practice, into the legislative process. This which is the legislation of our country level and lack of personal credit environment, but it is more important to scholars not covered by any natural person that meets our national bankruptcy procedure.This paper content is divided into five parts. The first part is the introduction, this section discusses the topic of this article natural significance as well as the domestic and foreign research in bankruptcy system dynamic contrast in research in China, that some of the missing natural bankruptcy system, and introduces the idea and research methods and the innovation of this paper place. The second part is the general theory of natural person bankruptcy system, including the introduction of meaning, natural person bankruptcy, the types of natural person bankruptcy of natural person and natural ability to explore bankruptcy with corporate bankruptcy bankruptcy distinction, aims to comb this should use and the support of the theory, provides the theory basis for later under. The third part discusses the natural person bankruptcy system in China, the necessity and possibility of establishing one natural person in a market economy through the position, Chinese citizens legal consciousness of the present situation, our country related supporting system construction condition and foreign natural bankruptcy legislation experience fits our bankruptcy proved natural discussed the feasibility of the system in China, established And through the needs of market economics, legal system integrity of the debtor and creditors rights protection needs the demand, international demand, minsheng security needs the five aspects about natural bankruptcy demonstrated the necessity of establishing the system in China, thus in the logical argument from our country why should build natural bankruptcy system. The fourth part for natural bankruptcy system design, divided into program system and entity system, which discusses our country should adopt what kind of legislative model, the reasons of natural person bankruptcy, ability, elements and bankruptcy procedure application, application, declared in the legislation in how the provisions shall be; On the entity system discusses suitable for China's national conditions of free property system, bankruptcy disclaimer system, losing rights and answer authority system is the key link in this paper. The fifth part introduces and natural bankruptcy system matching personal property notification system, personal credit system and the social security system present situation and how to perfect established.Finally, the author concluded that the concept of natural person bankruptcy system and value is unable to substitute other systems, but also the trend of world legislation in China, need to build natural bankruptcy system, and related conditions ripe in accordance with China's national conditions, only on a natural person bankruptcy system design and construct a system of natural person bankruptcy, only a matter of time.