On The Establishment Of Natural Person Bankruptcy System In China

From the historical evolution of the bankruptcy system,we can see that the bankruptcy systemoriginated from bankruptcy of natural person. bankruptcy of natural person is very important in marketeconomy, Nowadays many countries in the world acknowledge bankruptcy ability of natural person.There are many dispute about wether set up bankruptcy system of natural person,still can be heardwithout end even today, people from all circles, including the Law Circle, are eager to call for thebuilding and improvement on bankruptcy of natural person in our country, but nowadays our countrystill not establish natural person bankruptcy system.The present thesis, from the perspective on theorigin and the development of natural person bankruptcy system and its legislation in each country,combining the law and social reality in our country,adopts many methods of jurisprudence (eg:comparative law,law history,jurisprudence, etc.) to discuss the necessity and feasibility of setting upbankruptcy system of natural person and how to establish natural person bankruptcy system.The presentthesis has three chapters.The first chapter in this article investigates the basic problems of the nature person bankruptcy，elaborates with emphasis on bankruptcy ability and the historical evolution，compares and distinctnatural Person bankruptcy and corporate bankruptcy and further clarifies the concepts of natural personbankruptcy.This apart yet introduce the historical background and content structure that the currentbankruptcy law of our country.The second chapter in this article investigates the necessity and feasibility of setting up bankruptcysystem of natural person.Our country still faced with some obstacles, but these obstacles can be solvedin our country now.This chapter manifests the reality foundation of the natural person bankruptcysystem and its necessity of legislation.The third chapter in this article investigates the design of substantive system.This is the focus ofthis article.It includes the cause of bankruptcy, the discharge system in bankruptcy of natural person,the rights limited system and the rights resumed system in the bankruptcy of natural person.Thesecontents are the unique to the natural person bankruptcy.The forth chapter in this article investigates the design of special procedures system.This chapteraccording to the characteristics of natural person bankruptcy, in accordance with the regulations ofChina’s current bankruptcy law and the draft of the new bankruptcy law, conducts the research to thebankruptcy application, simple procedure of bankruptcy, bankruptcy reconciliation three aspects andtries to provide an framework for drafting our own proceedings of bankruptcy of natural person.