Studies On Necessity And Feasibility Of Establishing Personal Bankruptcy System

At present,most countries in the world have already established personal bankruptcy system,but our country still avoiding this problem.The bankruptcy code of 1994 provided for individual bankruptcy,but finally it only retained part of the bankruptcy.With the deepening of the market economy development,the number of individual creditor's rights and debt disputes are increasing,which caused many hidden dangers to the social environment and economic order,and this resulting the thinking of the necessity and feasibility of establishing personal bankruptcy system.The article have six parts,the main contents as follows:The first part is put forward the question.The "Yu Huan case" make the personal bankruptcy's discussion reached a small high tide,the case reflects the folk usury borrowing and debt collection black rampant and the debtor in a difficult position,and so many other social problems.Lack of personal bankruptcy system,wanton violence for behavior and public power cant relief in time,make the debtor's life of right,body safe,the right to health,reputation and development suffered a major threat,also has caused a serious hidden danger to the social stability and harmony.This raises the question of whether a reasonable exit mechanism should be set up to protect the legitimate rights and interests of the debtor when he is doing his best and is unable to pay whole debts.The second part is an overview of the personal bankruptcy system.Through the definition of the connotation and extension of personal bankruptcy system,the author makes a comprehensive interpretation of the personal bankruptcy system by making a distinction between the concept of natural person bankruptcy and consumer bankruptcy.On this basis to make a study of the origin of the personal bankruptcy system truly correct the error of hammurabi code 117 and the origin of the twelve tables is personal bankruptcy system's original,points out that the property of abandonment,pump retail selling and property of personal bankruptcy system is the earliest prototype.Through the study on the social foundation and historical background of other countries personal bankruptcy system,the common points of our country are dialyzed.This paper probes into the theoretical basis of establishing individual bankruptcy system in China and provides strong support for the construction of personal bankruptcy system.The third part is about the current relevant legal system in our country.China'scivil capacity system is not perfect,it should introduce the system of prohibiting labor.Too many defects in the distribution system can not replace the individual bankruptcy system to realize it's function.The limitation of the high consumption order,the high strength of the civil enforcement policy and the temporary policies are insufficient to solve the real problems.In view of the imperfect legal system,and suggested to establish a personal bankruptcy system in China.The fourth part and the fifth part are about the necessity and feasibility of establishing personal bankruptcy system.Urgent need is that the diversification of financing channels makes personal debt more easily,but the soaring number of creditor's rights debt disputes and solve the effect not beautiful but make the personal and group and creditors of the debtor's property rights cannot get effective guarantee.The personal bankruptcy system is conducive to the development of credit system and the stability of social and economic order,which is conducive to the integration of the international community and communication.Based on the feasibility of the system of personal bankruptcy legislation have the economic basis,legal basis and institutional basis,mainly reflected in the improvement of citizens' legal consciousness,the development of the property registration system,the improvement of the social security system,the existing law results of bedding and the reference to the overseas advanced legislation experience,etc.The sixth part is about the individual bankruptcy system.Including studies of judicial burden of worry is away for a rainy day or alarmist,bankruptcy legislation pattern choice of socialism is to use the general bankruptcy doctrine or a businessman bankruptcy doctrine,as well as for the problem of how to prevent misuse of personal bankruptcy system behavior.Through relevant thinking,we have a deeper understanding of the personal bankruptcy system,and provide stronger support for the views.