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Nature Person’s Bankruptcy Exemption System Analysis

Posted on:2016-03-26Degree:MasterType:Thesis
Country:ChinaCandidate:X H HeFull Text:PDF
GTID:2296330482970573Subject:Law
Abstract/Summary:PDF Full Text Request
Historical Survey of the development of bankruptcy law can be concluded that the root causes of bankruptcy law is produced by natural person bankruptcy. Natural person bankruptcy system is an important part of bankruptcy law. At present, the natural person be included in the applicable range of the bankruptcy law in many countries and the bankruptcy exemption system be installed. The world generally believe that the bankruptcy exemption system while protecting the interests of creditors into account the interests of honest but unfortunate debtor. When promulgated a new Enterprise Bankruptcy Law, legislators considered a natural person bankruptcy system Legislation is not the time, the Bankruptcy and bankruptcy exemption system are excluded. Despite many innovative advances in China’s current bankruptcy law, but there is no natural person bankruptcy system and bankruptcy exemption regime, the current bankruptcy law can only be considered half of the bankruptcy law.Our country’s economic and cultural development is rapid, our country’s legal system is also facing a new situation, and new problems need to be solved. At present, our country has a considerable number of natural persons into a debt crisis, the development of natural person consumer credit is rapid and the problem is obvious, the accident on the unfortunate natural life of serious blow, etc. Our country needs to be more in line with the national conditions of the system to coordinate the conflicts of interest, to resolve social contradictions, social relations. Therefore, it is imperative to improve the bankruptcy system of our country, establish the bankruptcy system of natural persons and the bankruptcy exemption system.The establishment and perfection of the natural person bankruptcy system is one ofthe premise of establishing the bankruptcy exemption system, and the bankruptcy exemption system is one of the core system of natural person bankruptcy system. This paper is combined with the present situation of our country’s legislation, social practice and judicial practice, reference to foreign legislation, in the title of the natural person bankruptcy exemption system of the research, comparative analysis of the United States, Britain, Germany, Japan and other major countries of bankruptcy exemption system, to explore the similarities and differences of the system of bankruptcy exemption in various countries and learn from them. This paper discusses the importance of the establishment and feasibility of the bankruptcy exemption system, establish a system of natural Bankruptcy need to improve the related mechanisms, try to give my personal thoughts on our Bankruptcy Law setting specific exemption regime.
Keywords/Search Tags:natural person bankruptcy, bankruptcy exemption, System Design
PDF Full Text Request
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