Research On The System Of Personal Bankruptcy

Bankruptcy legal system origins natural person bankruptcy, the world’s majorcountries or areas have established the system, but our country is because of all sortsof reasons not to establish the system of natural person bankruptcy, the main reason isbecause the economic base of our country does not allow the construction of ourcountry’s natural person bankruptcy legal system. In recent years, the economy of ourcountry has made great progress, the natural person actively participate in theeconomic activities, the natural person of consumer credit, mortgages, car loans, asurge in the number of; individual and industrial and commercial door, unincorporated,rural contracting households and the number of unincorporated organization surge,more and more illegal organizations involved in various economic activities, therefore,China’s foreign trade and economic activities become more and more popular, so,considering the subject how to legally withdraw from the market the rebirth, whichrequires legal guarantee and solve, the development of market economy calls for thelaw to the bankruptcy of natural person, give person the legal status of bankruptcy. Inthis paper, the author uses the vertical and horizontal comparison analysis, historicalresearch method and other methods based on our country’s actual situation, learn fromthe world main developed country (area) the advanced concept and experience, studyof natural person ’s the bankruptcy system theory as well as for our country toestablish the necessity and feasibility of the system was analyzed, in this based on theproposed the establishment of the system of natural person bankruptcy a fewconception, and from the following four aspects to our country the bankruptcy systemof natural person in detail. natural person bankruptcy overview, discusses the conceptof bankruptcy system of natural person bankruptcy of natural person; and the cause ofbankruptcy; bankruptcy of natural person s’ function. the main developed countries(area) the bankruptcy system of natural person is right the Enlightenment of ourcountry, including the United States, Germany, Japan, Hong kong and other countrieslegislative situation and thus draws the conclusion and the enlightenment to us. thenatural person bankruptcy system in China the necessity and the feasibility, including the applying range of bankruptcy law in China and the existing problems,it is thenecessary and feasible analysis in China’s construction of the system of natural personbankruptcy. our country bankruptcy system of natural person ’s specificrecommendations, including the natural person bankruptcy system in China toestablish law system; Chinese natural person bankruptcy legislation suggestionsinclude natural person bankruptcy for the main qualifications and duration,bankruptcy reconciliation, free property, loss of right and the right of bankruptcy,exempt the responsibility of bankruptcy, crime of bankruptcy and supporting systemsincluding the establishment of social security system, social credit system, propertyregistration system and family bankruptcy early-warning mechanism. One naturalperson bankruptcy legal system is constructed in this paper the necessity andfeasibility and how to construct our country’s natural person bankruptcy legal systemis the key and difficulty, but the innovation is to build a concrete system, such as thenatural person bankruptcy for the main qualifications and duration of the authorpasses over in one’s mind the design of specific normative system, therefore, Chinashould establish the system of natural person bankruptcy.