Building The Personal Bankruptcy System In China

Where does the bankruptcy of personal come from? Is it necessary to be included in the legislation of China? How to build it from the procedure and entity? Introduction to the three basic questions constituted in this paper, we study how to build the basic clues of personal bankruptcy system in China.In view of our country, enterprise bankruptcy law in 2006 did not include personal bankruptcy system in legislation, therefore, in the absence of legislation of personal bankruptcy system of traditional Chinese to discuss the construction of personal bankruptcy system, Be a little armchair strategist. However, establishing personal bankruptcy system is very urgent. Talking this system building without legislation is not an armchair strategist, but is precisely what should need to be discussed in the future legislation, not has necessarily logical relationship.In this paper, in the first chapter, based on the investigation to the history of personal bankruptcy system, analysis the conclusion that the real origin of personal bankruptcy system. By comparing the personal bankruptcy system in medieval Italy, Britain and France, it is concluded that the Italy’s bankruptcy law laid the foundation of personal bankruptcy system in modern times. The second chapter, the paper analyzes the necessity and feasibility of establishing personal bankruptcy system in China, and puts forward the legislative idea of personal bankruptcy system in China. The third chapter, the fourth chapter and the fifth chapter, the author introduces the entity of the personal bankruptcy system, such as free property system, liability system and loss of power after power system. Each system begins that how to provisions in foreign countries are introduced first, then by reference to put forward how to build the entries in the personal bankruptcy system in our country. The sixth chapter is about putting forward how to build the application part of the personal bankruptcy system in our country and putting forward to perfect the bankruptcy court, court settlement mechanism as well as the construction of professional team and other related supporting system, so as to promote the establishment of the personal bankruptcy system in our country.