Legislative Evidence Of Individual Bankruptcy System In China

In our country,whether it is feasible to construct an individual bankruptcy system has attracted much attention from scholars ten years ago.Why did the enterprise bankruptcy system come into being ten years ago instead of the individual bankruptcy system? Ten years later,why is the current personal bankruptcy system considered and respected by legislators and judiciaries? Is it really feasible to establish the personal bankruptcy system now?The author of this paper holds a positive attitude and believes that it is not only necessary but also feasible to construct an individual bankruptcy system in China.Individual bankruptcy system is indispensable in China's legal system,such as the judicial practice of "impossibility of execution".According to the common practice in the world,"impossibility of execution" cases belong to the commercial risk,legal risk and social risk that the parties should bear,not due to the inadequate execution of the court,and need to be solved through the mechanism of individual bankruptcy system.Actively explore the individual bankruptcy system to promote the establishment of our country's personal bankruptcy system,improve the current bankruptcy law,and smooth the exit path of "unable to enforce" cases according to law.Individual bankruptcy system is feasible in our country and has a legal environment in the background.Both the proposal of NPC deputies and the advocacy of the Supreme Court have created a good atmosphere and environment for the establishment of this system.In terms of the legal system,the General Principles of Civil Law,as the effective law of the civil-commercial integration system,has established a legal basis for the individual bankruptcy system;and in the social security system and supporting system.The establishment of the system requires the parallel development and improvement of the personal bankruptcy system.The impact of national conditions,current situation and related supporting measures,personal bankruptcy system in our country was only a topic written by scholars ten years ago.At that time,academics believed that the immature social credit system,imperfect personal property registration system and easy to induce large-scale debt evasion were the direct reasons for the impossibility of introducing personal bankruptcy system.Although the aforementioned factors have not been completely eliminated,the perfection of social credit system and personal property registration system is not the necessary condition for the introduction of personal bankruptcy system.The relevant supporting systems have been initially established and gradually improved,and the experience of developed countries shows that personal bankruptcy does not lead to large-scale debt evasion.In our civil judicial procedure,the implementation of minimum living security,restriction of high consumption and participation in distribution system have alreadypossessed the embryonic form of personal bankruptcy,and accumulated valuable practical experience for the introduction of personal bankruptcy law.This paper studies the feasibility of our country's individual bankruptcy system.The author tries to make a rigorous argument for the construction of our country's individual bankruptcy system through comparative research,literature,data analysis,case study and other methods with the help of big data analysis.Chapter one first shows the author's attitude and puts forward the necessity of constructing the individual bankruptcy system;Chapter two points out why we can't establish the individual bankruptcy system before,that is,why we can't introduce the individual bankruptcy system together when introducing the enterprise bankruptcy system;Chapter three is the main content of this article,and introduces why we should propose to build the individual bankruptcy system now.Bankruptcy system,mainly from the rule of law environment,legal system and social system three aspects of argument;Chapter IV according to the special national conditions of our country in the individual bankruptcy system supporting system to demonstrate.