Theory Of The Debtor’s Right To File For Bankruptcy

Many national bankruptcy law provides that the debtor can file for bankruptcy, inorder to make the debtor exit the market legally and orderly, and ensure the rights of thecreditor and the debtor. But in practice there are many debtors using the right to falsebankruptcy, not only undermines the legal’s majesty, hinders the operation of marketeconomy orderly, but also causes social crisis and affects social stability. This paper onthe basis of the domestic and foreign legislation theory, combines with the presentpractice of our bankruptcy law, introduces, analyzes and proposes some measures. Thearticle contains three parts:The first part of this paper introduces the history background and the formationreasons of the debtor’s bankruptcy application, analyzes the conditions of the debtor’sbankruptcy application which must be haven, according China’s bankruptcy law. Bygeneralizing disadvantages caused by the debtor’s right of bankruptcy application, inorder to lay the foundation for following content.The second part of this paper mainly introduces the current situation, form andreason of it by executing legislation of the debtor’s right to file for bankruptcy.The second part of this paper puts forward the suggestions to prevent “The essenceof the false bankruptcy is avoiding debt” happening,on the bases of our legal practiceand the rich legal theory of domestic and foreign laws.