The Research Of Personal Bankruptcy System From The View Of Enforcement

Difficult enforcement of civil judgment is one of hot issues of legal system in China. There are many reasons in the problem. This paper discusses the feasibility of solution from the introduction of personal bankruptcy system.Personal bankruptcy system has become one inseparable part of the modern system of Bankruptcy Law in most developed countries. The system founds on mature individual credit' system. The subject of a bankruptcy limits corporate legal entity, and natural persons are excluded in China. Thus, the cases are mothballed in enforcement procedure when most of personal debtors, who fail to pay engagements,enter bankruptcy. The system lack the levers to solve the problem.In order to balance benefit among the creditors and debtors, who need release from debt and get a maximum discharging, they should sign a waiver of their rights to others in personal bankruptcy procedure. Compared with some present interim measure, personal bankruptcy system will be more mature, more details perfect.