The Basic Survey Of Building The Bankruptcy System Of Nature Person In China And Relevant Systems Design

Making a general survey of the systems of various countries in the world, we can find that the Bankruptcy System of Nature Person is quite commonly used. Bankruptcy System of Nature Person, the rational production of market economy, plays an important role in the development of society, and stability of public order. With the further development of our economy, the GDP of our country got 10.4 trillion dollars and ranked the second place just after America; meanwhile, the people’s life has improved and all kinds of systems have gradually tended to be perfected. However, upon to now there is still no Bankruptcy System of Nature Person in our country. Although “Enterprise Bankruptcy Law” was finally brought into force on the June 1st, 2007 after twenty-one years’ trial implementation, the Bankruptcy System of Nature Person which bore much hope and focus didn’t show up in this law. The discussion for whether it should build the Bankruptcy System of Nature Person or not has never been stopped among academic circles during these years.This paper, with the application of historical analysis and comparative analysis, makes a survey of the basis of building the Bankruptcy System of Nature Person in our country and comes up with the construction suggestions according to the national conditions of our country and the experience and lessons of foreign countries. The paper mainly focuses on the identification of the subject of the Bankruptcy System of Natural Person, the reality basis of building the Bankruptcy System of Natural Person in our country and the purpose of establishing this system. Meanwhile, it comes up with some suggestions from the entity aspects of this system.There are four chapters in this paper. In the first chapter, with the discrimination of the concepts of “natural bankruptcy”, “individual bankruptcy” and “customer bankruptcy”, it gains a clear idea of what is natural bankruptcy and makes a conclusion why the Bankruptcy System of Nature Person can be used in China. Meanwhile according to the patterns of the Bankruptcy System of Natural Person on the international, it tries to gain our own pattern and the subject of the Bankruptcy System of Natural Person.In the second chapter, it mainly introduces the current situation of legislation of natural person insolvency in our country. Specifically, this thesis compares the content of the Bankruptcy System of Natural Person with the regulations of Civil Law, Criminal Law and temporary policy, and then comes to a conclusion that the current laws and regulations in our country have some drawbacks and need to be improved.In the third chapter, this paper draws a conclusion that China should and can establish the Bankruptcy System of Natural Person from the analysis of necessity and feasibility. Specifically, from the four aspects of protecting creditor interests, debtor, the need of social benefits and acting on international convention, this paper concludes that China needs to build the Bankruptcy System of Natural Person; on the other hand, the thesis obtains a result that China possesses the subjective and objective basis of building the Bankruptcy System of Natural Person from the three aspects of the legal footing, personal credit and social security system.In the last chapter, according to the aforementioned content, this paper comes up with some suggestions from the entity aspects including free property system, liability exemption of bankruptcy, and disqualification and rehabilitation for bankruptcy.