Study On The Legislation Of Individual Bankruptcy Law In China

With the development of the market economy, more and more natural person involve in the marketing activities and the market competition become intensified day by day, resulting in has emerged a large number of over-indebtedness of individuals. To avoid severe debt crisis arising in our country, bad debts must be timely digest, so the mechanism of bankrupts orderly exit the market, namely the construction of personal bankruptcy law, has obviously important practical significance. Personal bankruptcy law aims to clean up the bad debts, to maintain economic order, to protect the interests of the creditors and the debtors balanced. But due to the external environment of legislation is not yet mature, so the personal bankruptcy law has not been issued in our country.The first chapter of this article lays the theory foundation of personal bankruptcy system construction, the article illustrates the fair and efficiency, human rights and other value of the personal bankruptcy system mainly from the view of the concept of personal bankruptcy. The second chapter introduces the origin and development of the abroad personal bankruptcy law, contrasting with the personal bankruptcy system in our country’s legal background, gaining enlightenment from the advanced achievements of the foreign to establish the individual bankruptcy law of our country. The third chapter, highlight the shortcoming of our country law in solving the creditor’s rights debt, combining the folk lending, the debt crisis, the civil execution difficult problems widespread exist in our country, demonstrating the necessity of personal bankruptcy legislation, discussing the feasibility of personal bankruptcy legislation at the current conditions, such as economy, culture and system in our country. Chapter iv as a single chapter, the author analyzes the reasons of personal bankruptcy law has not been established in our country are that the economic foundation is insufficient and the credit system is imperfect, and so on. Demonstrate the necessity and feasibility of the personal bankruptcy legislation from the opposite side. Chapter v of this article, comparative analysis the advanced bankruptcy legislation of foreign, combining with the specific economic environment of our country, putting forward the author’s own proposals and opinions about several concrete system and the procedure, perfecting the design of the personal bankruptcy system.