Discuss The Construction Of Natural Person Bankruptcy System In China

Law of bankruptcy in our country is still not complete, because lack of bankruptcy of natural person for a long time. Following with our country market economy continued to deepen, the demand for law of natural person bankruptcy is more and more urgent. The establishment of the system of natural person bankruptcy can implement the bankruptcy legal system in our country. Beside that it provides a way how to deal with new economic problems, and help for constructing the harmonious society.To this, this article mainly from the three parts to introduce the how to build the natural person bankruptcy system in our country as follows:The first part is summary which mainly revolves what is natural person bankruptcy, why should build system of natural person bankruptcy law and can establish natural person bankruptcy law system in our country or not. For what is natural person bankruptcy, this paper clearly defines it as common natural person bankruptcy. Through analyzing the necessity to establish natural person bankruptcy and feasibility analysis respectively, explain why to establish natural person bankruptcy and establish natural person bankruptcy problem, this paper think that we need to build a natural bankruptcy system currently and the conditions of constructing the natural person bankruptcy law system is becoming mature.The second part is mainly from two aspect include foreign natural person bankruptcy legislation mode and different legislation regulation of its core system.For the choice of legislative mode, focus on setting up natural person bankruptcy law alone or mix with the existing bankruptcy law legislation, and evaluate each mode; In addition, this article also introduces the foreign different provisions of natural of the core system, include free property system, bankruptcy exemption system and loss right. Through the introduction of the second part, it provides the beneficial reference to the third part.The third part is the core of paper, it solves the problem of how to establish natural person bankruptcy law in our country. To this, the article mainly introduce from two aspects of natural person bankruptcy system and the entity system. Construction of procedure system is in accordance with the order of the procedure of bankruptcy, namely, according to the bankruptcy application, bankruptcy reconciliation, the order of the bankruptcy liquidation. The construction of entity system centered on free property system, exemption system, and illustrates the loss the power, three systems is the core of the legal system of natural person bankruptcy system, in addition, in order to avoid bankruptcy fraud, at the same time introduced the system of bankruptcy crime. Whether procedure system construction or entity system construction, this paper closely around how to avoid bankruptcy fraud, to ensure that every procedure and entity content can have operability.Try our best to protect the creditors and the debtors, especially the legal rights of creditors.