Research On Establishment Of Natural Person Bankruptcy System In China

Investigation of the whole development process of bankruptcy can be found, Thetimes, from the mainland legal system to the Anglo-American law, the natural personalways is in bankruptcy law is very important part. But in China, today’s world is avery few don’t admit the bankruptcy of the natural person one of the countries. Alongwith our country socialist market economy continues to develop, a large number ofcommercial natural persons involved in the market economic activities, they thecomplexity of the creditor’s rights and debts dispute has become a civil procedures "tobear the heavy"; On the other hand, the average consumer mortgages, car loans andcredit, private tourism consumption credit to flourish, when they capital chain rupturehow to let the creditor when fair and ensure that the debtor shall be satisfied the basicrights? To solve these problems, it is urgent to construct suitable for China’s nationalconditions of natural person bankruptcy system. In this paper, the method of history,comparative law, the law sociology research methods, learn from foreign advancedtheory and practice experience, with the reality of our country to the difficult problemof the natural person bankruptcy were discussed, and puts forward some suggestionsof the system of natural person bankruptcy in our country.This paper will be divided into the introduction, the text, conclusions three parts,body parts of the following six by:The first part is the introduction. This part of the first introduced the naturalperson bankruptcy of the meaning and characteristics, traces the foreign bankruptcysystem and natural person the origin of bankruptcy system development process,reviewed the development history of our bankruptcy law, put forward the constructionof the system of natural person bankruptcy in urgency. Second, the interpretation ofthe "natural person bankruptcy" and "personal bankruptcy" the difference between theconcept, this paper analyzes the characteristics of the natural person bankruptcy law,in the sure natural person bankruptcy ability is proposed on the basis our countryshould adopt the "general bankruptcy socialist". The second part is the debate of our country present stage build natural personbankruptcy system. This part of the first introduced the natural person against themain ideas of the bankruptcy into legislation, including judicial resources, socialtheory, lack of credibility theory, economic development is not balanced theory, urbanand rural economic system theory and so on, and then for each kind of view analysis,think above the so-called obstacles are already was not accurate in reflecting Chinareality and resistance but natural person bankruptcy legislation.The third part introducted the necessity and feasibility of China building anatural person bankruptcy system. In constructing the necessity of natural personbankruptcy system, this part emphasizes the system from bankruptcy law value, thesocial reality of needs and to improve the legal system of our country economy needs,legal system with the international community needs three aspects. In the feasibility,mainly from China’s economic and social development of concrete achievements,including economic development progress, the rule of law, social security businessgradually perfect, the personal credit registry system, improve the system of publicproperty registration molding and so on basic argument. The conclusion, the ourcountry present stage will be natural person bankruptcy into legislation, not onlyurgent and important, and already has the relevant conditions.The fourth part is free property system construction. This part of the propertyfrom the free concept, significance, scope, free exercise of the property rightsdiscussed. On the analysis of the foreign property theory and free thinking on thebasis of the legislation, puts forward the appropriate USES loose free range ofproperty legislation policy orientation. In the specific legislation, should stick to ageneral provisions and specific lists with the principle of combining the; Also, givenour courts "authority socialist" trial of objective reality, that we can be free propertyby converting behavior, but must prevent bankruptcy fraud behavior.The fifth part is disclaimer system construction. Firstly, introduced the concept,significance, the grounds of legislation and escape the effectiveness of such basictheory; Secondly, according to the objective reality of our country, suggested that ouradopt strict escape system legislation policy orientation, the permission of the legislative model of exemption. In the concrete system design, clearly define thegrounds of conditions and will not be the grounds of reason, not the grounds of debt,defend bankruptcy fraud behavior.The sixth part is losing rights and answer authority system construction. Certainright answer authority such as a twin, should not lacerate. This part of the first surveyof the loss power system definition, characteristics, loss power range and after thepower system system value, answer authority conditions and procedures; On this basis,combining with the reality of our country puts forward the loss power system in Chinashould be adopted complex formation of socialist legislative model, and perfectrelevant special law to bankrupt the qualifications as a limit; Our country shouldapply for the answer authority socialist, strictly answer authority conditions, to thebankrupt fraud can be revoked has obtained answer authority interests.Through the above part, this article has discussed the conclusion again constructsuitable for China’s national conditions of natural person bankruptcy system ishistorically inevitable, is China’s objective reality needs, our country should bring thenatural person bankruptcy into legislation.