Establishing Personal Bankruptcy System In Our Country’s Law

Survival of the fittest is a major feature of the market economy,the bankruptcysystem is to standardize the system of market players to exit the competition,China’scurrent bankruptcy law is August27,2006by the National People’s Congress and inJune2007an implementation of the " People’s enterprise Bankruptcy Law of theRepublic." Although it is compared with the1986bankruptcy law trial to achieve awide range of changes and breakthroughs, but the personal bankruptcy system is notincluded in the scope of bankruptcy. Personal bankruptcy system reflects the equalityjurisprudence stable concept, in line with the humanitarian spirit, is the inevitableproduct of the market economy. Personal bankruptcy system is the economy developsto a certain stage of the product, its construction will fill gaps in legislation onbankruptcy, debt help promote the creditor to realize and promote individual debtorto obtain the necessary relief reborn as soon as possible and will also promote fairdebt payment clean-up, to ensure the normal order of market economy, maintainingsocial stability. In this context, the author of the build issues of personal bankruptcylegal system were studied.In this paper, the use of jurisprudence, comparative law, sociology, law, lawand economics research methods to the meaning of personal bankruptcy system as astarting point for what is a personal bankruptcy system, our ability to be incorporatedinto the legislation and how to build these three answers to your questions, this studyconstitutes the basic clues to build our personal bankruptcy system.In an overview of the bankruptcy system, you will first introduce the basicdefinition of personal bankruptcy, personal bankruptcy body is unique, the ability ofthe legal characteristics of the same reasons of diversity and its relief.And the use of a contrast, assumptions, and other methods discussedsummarized expounded the necessity of constructing personal bankruptcy systemfrom the theoretical and practical basis in two ways. At present, China has been the establishment of the basic conditions of personal bankruptcy system: thirty yearsof reform and opening up economic results provide a material security, improve thelegal awareness of citizens to provide the mental preparation, personal propertysystem and personal credit system establish and improve to provide favorableconditions for the continuous improvement of the social security system to lift theworries of personal bankruptcy. To reveal the feasibility of the establishment ofpersonal bankruptcy system.This paper examines the civil law and common law origins and development ofpersonal bankruptcy by the method of historical analysis, its mature legal system andlegislative experience with great reference significance for China’s personalbankruptcy legislation. Finally, how to build our personal bankruptcy system madesome specific legislative proposals, embodied reason in terms of personal bankruptcysystem, freedom of property system, loss of power and complex bankruptcy rightsystem for the settlement of bankruptcy proceedings, the bankruptcy exemptionsystem. Aims to build our personal bankruptcy system theoretical preparation.