On The Construction Of The Bankruptcy System For Natural Persons In China

The bankruptcy system of natural persons is already a mature system in other countries or regions.Although the earliest bankruptcy draft in our country has been mentioned,the academic community has also set off an upsurge of research,but it is still in the vacuum of our country.Since October 2018,when the People’s Courts reported that China had not yet created an individual bankruptcy system,the National High Court Presidency in January 2019 also mentioned the need to promote the establishment of an individual bankruptcy system.In the fifth five-year reform program on deepening the judicial reform of the people’s courts,the establishment of an individual bankruptcy system was also proposed.The establishment of an individual bankruptcy system was also the focus of the 2019 two sessions.The author believes that the process of establishing natural person bankruptcy system should be accelerated.This paper analyzes the necessity and feasibility of establishing a natural person bankruptcy system in our country,and puts forward the idea of establishing a natural person bankruptcy system in our country by drawing on the legislative experience of other countries or regions.This paper is composed of introduction,text and conclusion.There are four chapters in the body.The first chapter is an overview of the bankruptcy system of natural persons.It mainly introduces the development of the bankruptcy system of natural persons,the meaning and characteristics of the bankruptcy of natural persons,explains the difference between the bankruptcy of natural persons and personal bankruptcy,and analyzes the legislative model that China should adopt with reference to the legislative examples of natural persons in other regions.The second chapter mainly expounds the current debate and legal status of scholars on the establishment of a natural person bankruptcy system in China.The debate on the establishment of a natural person bankruptcy system includes the theory of lack of social credit,and the theory that judicial resources are limited,etc.,and analyzes each viewpoint.The legal status of our country includes the legislation status of civil,criminal law and temporary policy.The third chapter analyzes the necessity and feasibility of constructing the natural person bankruptcy system in China.On the necessity of constructing the bankruptcy system for natural persons,this paper discusses seven aspects,such as the need to perfect the bankruptcy law,the need to improve civil execution and solve the difficulties in execution,and the need to deal with natural disasters and social risks.With regard to the necessity of constructing the bankruptcy system for natural persons,this paper discusses four aspects: the development of economy,the improvement of the rule of law,the establishment and improvement of the social credit system and the personal property registration system.The fourth chapter puts forward the idea of establishing the bankruptcy system of natural persons in our country according to the National conditions and the present situation,including the construction of the system of free property system,the system of exemption from liability,and the system of reacquisition of power.Through the above discussion,the conclusion once again reaffirms that the bankruptcy system of natural persons is the legislative trend of the world.It is necessary to establish the bankruptcy system of natural persons as soon as possible according to the National conditions of our country.