Some Issues Of Personal Bankruptcy System In Our Country

In today’s world economy rapid development, both at home and abroad to participate in the activities of market main body are increasingly diversified, More and more private enterprises, foreign-funded enterprises, individual businesses and ordinary consumers have poured into the market, at the same time of activate market also bear the market risks. Under the market economy, there are in retreat, the survival of the fittest, superior bad discard. Get much benefit, you’ll have to take how much risk. Because of this, the various countries’ legislation in the protection of market main body of fair competition at the same time, also for their exit from the corresponding mechanism. On the exit mechanism, to the enterprise group, small to individual citizens, most countries have formulated the corresponding bankruptcy law, to give exit right of equality of all market subjects. In contrast, the legislative situation in our country, only for enterprise as legal person is this kind of market main body of bankruptcy law, and for no other organization or individual corresponding bankruptcy rules. When this part of the market main body for running the risk or other reasons not to be permitted by the market, will not be able to like the enterprise through the bankruptcy process exit the market.This paper starting from the reality of our bankruptcy legislation is not complete, draw lessons from foreign legislative experience, thus personal bankruptcy system, based on the analysis of the necessity of the system, to build their own personal bankruptcy system in our country. The content of the article is divided into four most to introduce personal bankruptcy system in our country.The first part, the introduction part of the article. Comparative analysis of the actual situation at home and abroad in the introduction, illuminate the lack of legislation of the personal bankruptcy system in our country, the resulting shall establish personal bankruptcy system in our country.The second part, the text chapter 1. Article starts by introducing the basic meaning of personal bankruptcy system, so that readers can have a preliminary understanding of the system. Through the study of the necessity of constructing personal bankruptcy system after analysis, it is concluded that the urgency of constructing the personal bankruptcy system in our country.The third part, the text of the chapter 2,3,4. In the process of concrete construction of personal bankruptcy system in our country, first of all, through analyzing the current situation of foreign related subject of personal bankruptcy legislation, combined with the actual situation of our country, on the subject to provisions of the personal bankruptcy system in China. Secondly, expound the basic meaning of personal bankruptcy reason, after on the basis of analyzing the reason for introduce other personal bankruptcy, lay the foundation for the cause of China’s personal bankruptcy rules. Finally, it introduces the concept of the bankruptcy property and freedom property, the two kinds of property on the basis of the analysis of the scope and significance, formulate the system of real property in our country.The fourth part, namely the body of the chapter 5. In the process of personal bankruptcy system construction in our country, also faces many obstacles, which requires the corresponding supporting system to ensure the smooth establishment and operation of the system in our country, through the improvement of the existing system to our country and the foreign experience for reference, proves that establishing personal bankruptcy system in our country, though it costs a certain amount of time, but it is feasible.The fifth part, that is, the conclusion of the article. The author mentioned in the epilogue part of the article, first of all, the significance of construction of personal bankruptcy system in our country, then show the complexity and richness of the personal bankruptcy system itself makes the author could not only through a brief article will all end, scholars must call for more in-depth study of the system.