The Path Finding On Consumer Bankruptcy System

Since the1980s, China began to gradually into the socialist market economic system, along with the advance of economic development, the emergence of consumer credit, plus consumer concept also constantly broaden the outspread, make to growing consumer credit business of financial institutions, especially Banks, consumer credit has become a common concern of the society. It is because the consumer use of personal consumer credit, the bank give consumers use the consumer rights in advance, make consumer market to expand our business model, but it is the market of the instability, but also accompanied by consumers will face unemployment, illness, accident, social force majeure risks, increase the likelihood of inability to repay debt. And consumer credit more range greatly popular in society, consumer debt is also apparent, so it is imperative to develop consumer bankruptcy system. This article adopts the empirical analysis, value analysis, data analysis, respectively from the horizontal and vertical analyses consumer bankruptcy system origin, the formation of the relationship between consumer credit and consumer bankruptcy system, as well as consumption XinYongSuo risks for consumer bankruptcy system set up, and its social status in China shows that, the increase in consumer debt situation and settlement mechanism, to prove the feasibility and necessity of establish consumer bankruptcy system in our country. Especially Anglo-American law system countries in foreign countries as a reference for building consumer bankruptcy system of experience, combined with the background of the socialist market economy in our country, research on consumer bankruptcy and the relations and differences between the social security system, to show the consumer bankruptcy system in our country economic situation, the need to make the path of choice. Development of consumer credit in China, according to the present situation of the lack of strict regulation in the law, lack of exit mechanism for consumers, in this case, consumer bankruptcy system is the effective protection for the defects of market. Although degree in accordance with the development of market economy of our country, compared with has set up a state of the system, has not yet been thoroughly remove barriers, our country has not yet been perfect credit system and property registration system, but even with the current situation, still need to build consumer bankruptcy system. Consumer bankruptcy system set up to adjust the consumption credit relations between the debtor and financial institutions, it solves is when consumers as the debtor is unable to pay off the debt, and how to deal with the debt owed by all creditors and its problems, repayment time limit prescribed by it as a means of social necessary law, can ensure the fairness of social payments, more conducive to protect the fairness and rights of the debtor as a vulnerable side. For maliciously defaulted phenomena are common in China, plus didn’t establish and improve the credit system, to build model of consumer bankruptcy system in our country, represented by German control model should be adopted, establish control type credit market. Consumer bankruptcy procedure in court settlement, on the basis of established restructuring program and clearing this in two ways. To some extent, this can reduce the pressure of court case, cost savings, the most important thing is to give the parties autonomy, while fully protect the interests of all parties, to give the debtor’s biggest space to reshape capital, establishing perfect credit ability, is the social economy in the broad scope can be harmonious and smooth running.