Research On The Individual Bankruptcy Discharge

Bankruptcy is a normal phenomenon in modern society. It plays an importantrole for person and enterprise that fell into debt crisis finishing the existing credits anddebts, restarting their career and life. Our country issued the first bankruptcy in1986,but the enterprise and exactly the enterprise owned by the whole people were underthe regulation of this law, no content was referred to individual bankruptcy. Thearticles about individual bankruptcy discharge first appeared in the bankruptcy draftissued in2004, but such articles were deleted in the final edition. The main reasonwas many experts and scholars believed that the conditions for individual bankruptcydischarge were not ready yet, due to the establishing of personal credit system werenot completed yet. After the development in these years, the circumstances havechanged deeply, not only the conditions for establishing this system are perfected dayby day, but also the current needs for it are growing with each passing day. So theauthor chooses this topic, proposes the suggestions for establishing the individualbankruptcy discharge in our country.Except introduction and epilogue, this thesis includes three chapters:Chapter one discussed the origin of individual bankruptcy discharge and currentlegislations in western countries. Achieving a macro understand in this system, aspremise and basis for analyzing further below. Chapter two discussed the bankruptcyability and proofed individual could have such ability at first. Then discussed thenecessity of establishing individual bankruptcy discharge from aspects of perfecting the current legal system and solving hiding crisis in social development; discussed thefeasibility from the aspects of achievement of economic developing, perfect ofproperty registration system and social security system. Besides, the author discussedthe relationship between personal credit system and individual bankruptcy discharge.Chapter three first discussed the principle of bankruptcy discharge that we shouldchoose and its reasons; then proposed several suggestions on perfecting the personalcredit system; finally, proposed the author’s own opinions on structuring this systemin details from aspects of subjects, conditions and revocation of individual bankruptcydischarge.Here are the innovative parts in this thesis: after introduce the history of personalcredit system, connected the individual bankruptcy discharge and personal creditsystem tightly, and also proposed suggestions on establishing the personal creditsystem; meanwhile, use a combination of historical analysis, comparative analysis,compared the personal credit in2004with now, the author’s opinion is theconstruction of personal credit system has achieved a great development, theconditions to build individual bankruptcy discharge are kindly ripe; besides, thisthesis took the advanced parts from related foreign legislations targeted, hoping fittingthe actual situation of our country in the most extent.As time is limited and the difficulties in material gathering, this thesis still hasseveral drawbacks: first, it’s difficult to gain related materials, especially the foreignlegislations parts, lack of original datum, mostly based on the introduction ofdomestic scholars; second, the author is lack of knowledge in personal credit system,the introduction and suggestion is kind of defect.