Research On The Construction Of Natural Person Bankruptcy System In China

With the development of market economy in China and the increasing participation of natural persons in market transactions,the phenomenon of bankruptcy of natural persons is becoming more and more common.How to effectively solve the disputes caused by bankruptcy of natural persons in China has become a problem worthy of consideration.Natural person bankruptcy system,as a system that has existed for hundreds of years,has a good effect in dealing with natural person bankruptcy disputes because of its order value,fair value and safeguard value.However,at present,the bankruptcy system of our country only aims at the enterprise legal person of our country,and the bankruptcy system of natural person has not yet been established.At present,the reality of social and economic development has put forward more urgent requirements for the establishment of natural person bankruptcy system in China.Its necessity is mainly manifested in: perfecting the legal system of market withdrawal of natural person,guaranteeing equal market withdrawal mechanism for natural person;solving the dilemma of execution of court,guaranteeing the rights of all parties;realizing docking with foreign private law,guaranteeing fair participation in international trade for natural person in our country and so on.At the same time,our country also has a good foundation to construct the natural person bankruptcy system.The gradual perfection of the legal system of social security provides a guarantee basis for the bankruptcy system of natural persons;the building of personal credit information system and related legal system provides an information basis for the bankruptcy system of natural persons;the intensification of judicial strikes against malicious debts such as people with poor credit provides a good legal environment for the bankruptcy system of natural persons;the progress of traditional moral recognition and legal consciousness The step-by-step integration provides the ideological basis for the natural person bankruptcy system.The main countries of the two major legal systems abroad have formed a mature system in the bankruptcy system of natural persons and accumulated rich practical experience.Hong Kong,Macao and Taiwan also have their own relatively perfect natural person bankruptcy system.Our natural person bankruptcy system can be built on the basis of drawing lessons from foreign natural person bankruptcy system and Hong Kong,Macao and Taiwan region of China natural person bankruptcy system,combining with our enterprise bankruptcy system.In terms of system design,we should follow the principles of gradual,fair and efficient;in terms of entity design,we should adopt the system of free property,the system of permissive bankruptcy exemption and the system of right of restitution with Chinese characteristics;in terms of procedure design,we should clarify the subject of bankruptcy,the cause of bankruptcy and the jurisdiction of bankruptcy cases,and give full play to the intention of the parties in the process of reconciliation and liquidation.Self-government should adopt flexible reinstatement mode to realize the termination of bankruptcy cases and strict supervision over bankruptcy proceedings.