| The Bankruptcy Law is an important part of the legal system in commodityeconomy society. Bankruptcy law system of individuals as an important part of theBankruptcy Law has already been adopted by most countries in the world. Thecurrent Bankruptcy Law was adopted by the Standing Committee of the NationalPeople’s Congress on August27,2006and our country implements the "Law of thePeople’s Republic of China on Enterprise Bankruptcy” on June1,2007. Comparedwith the1986Bankruptcy Law for Trial, there has many changes and breakthroughsin current law, but the personal bankruptcy system is not included in the range ofbankruptcy has become one great pity of the law.The personal bankruptcy system is a terminate system of debt throughagreements or legal processes when natural person or the persons who undertakeunlimited liability in economic entities or primary liability in the bankruptcy ofcorporations, can not pay the expired debt or his debt is higher than the assets owned.Under the regulation of marketing competition, the phenomenon of bankruptcy willbe inevitable. The personal bankruptcy system reflects the equality and stability inlaw, humanitarian spirit and the Card Dole and Kern benefits in economy. It is thechoice of the history.In analyzing the bankruptcy system of some major developed countries, we canfind that the personal bankruptcy system is included in every country. With thedeepening of our country’s reform and opening as well as the promotion of the legalsystem, the personal bankruptcy system has values and significance in China. It isthe inevitable choice of our country. However, the personal bankruptcy system in ourcountry still falls behind; there is no personal bankruptcy system at present.Although the Enterprise Bankruptcy Law of the People’s Republic of Chinaannounced in August of2006extends the subject of bankruptcy to all types of legalpersons, which makes the bankruptcy system of our country step out a stride, thesystem of our country’s personal bankruptcy still remains blank. The bankruptcy system now, which only regulates the bankruptcy of corporations or legal persons,can’t meet the needs of the development of our country’s marketing economicsystem. So the construction of personal bankruptcy system is in urgent.But with China’s social market economy development, people’s consumptionconcept has undergone significant changes. Excessive consumption and consumercredit have become major components in the consumption life. Relevant statisticsshow that the problem that personal liability can not be settled at present in Chinahas become so widespread, and as the economy continues to develop, thisphenomenon will continue to increase. It is difficult to solve all problems in thisprocess only relying on civil proceedings. Therefore, the establishment of individualbankruptcy system is the urgent task of social market economy. In2008WenChuanearthquake, with millions of houses instantly destroyed, the affected people areunable to pay for their housing mortgage loans. How to solve the problem? Thepressing issues in reality make setting up a personal bankruptcy more urgent onceagain.This thesis discusses the personal bankruptcy system from the following fouraspects:Part one, pandect: this chapter introduces overview, foreign origins anddevelopment of the personal bankruptcy law and puts forward the problem: the lackof the legal system of personal bankruptcy in our country.Part two, sub-pandect: using of jurisprudence, comparative law and legalhistory, this dissertation addresses mainly from the necessity, feasibility andlimitations of bankruptcy law system of individuals.Part three, the core of this paper: this chapter intends to provide a legal proposaland theories for the establishing of bankruptcy law system of individuals in Chinabased on the free property system, bankruptcy discharge system and rights recoverysystem with reference and comparing the experience of developed countries.Part four, supplement to the law: according to China’s actual situation andcombining with the advanced experience of other countries, this thesis supplementsthe legislation from several aspects as follows: the construction of creditingmechanism, public registry system of personal property, the social security system and the Legislation of personal bankruptcy.Overall, personal bankruptcy is the inevitable tendency of market economy andan important reflection of the bankruptcy legal system integrity. It is also the resultof economic globalization. Therefore, the legislative of the personal bankruptcy legalsystem is imperative in our country. |
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