The Structure Of Chinese Individual Bankruptcy

The bankruptcy system has always played an important role after the introduction of the "Enterprise Bankruptcy Law" as one of the systems for companies to withdraw from the market.However,judging from the bankruptcy legislation in our country,the main body of the bankruptcy law in China first covers only one entity of the company and does not describe the capacity of individual bankruptcy.Therefore,the individual bankruptcy legislation in China is in a blank state.The academic circles have been arguing over whether China should establish a personal bankruptcy system.The long-term theoretical disputes have caused the delay of China's personal bankruptcy legislation.Judging from the legislative status quo in the world,the content of the bankruptcy law mainly includes three parts: process specification,bankruptcy entity specification and bankruptcy penalty.The main contents of the bankruptcy procedure regulation mainly relate to the bankruptcy jurisdiction,the expenses,the formulation of the bankruptcy administrator,and the specific bankruptcy procedures.The bankruptcy entity law mainly provides for the debtor's bankruptcy capacity,bankruptcy of the property and bankruptcy exemption,etc.The bankruptcy penalty rules mainly provide for bankruptcy violations.Criminal behavior and punishment system for illegal acts.In recent years,due to the active market of China's private lending market,a large number of debt and debt disputes in judicial practice have been caused,which has also led to violent acts in debt financing.In recent years,cases of personal injury caused by violent debt collection have been heard to our country.The society has had a great negative impact.This paper advocates the establishment of China's personal bankruptcy system mainly from the perspective of regulating the private lending market and interpreting the implementation difficulties,and at the same time targeting large-scale borrowingin the private lending market in China,and whether the so-called behaviors under the subscription system can be applied to the personal bankruptcy system.Put forward the core terms of establishing a personal bankruptcy system in China,specifically including the personal bankruptcy capacity and the regulation of malicious bankruptcy.The full text is divided into three parts: the introduction,the main body,and the conclusion.The body part is divided into three chapters:The first chapter makes a major introduction to the personal bankruptcy system,including the specific theory of individual bankruptcy definition and the economic and sociological significance of personal bankruptcy.The second chapter mainly introduces the extraterritorial experience of personal bankruptcy,and briefly analyzes the evolution of the personal bankruptcy system,the transformation of the personal bankruptcy function,and the relevant provisions of the world on the free property,loss of power recovery system and bankruptcy exemption in the personal bankruptcy system.A brief analysis of its implementation effect.The third chapter,as the focus of this paper,first analyzes the necessity and social function of establishing a personal bankruptcy system in China.It mainly discusses the social function of personal bankruptcy from two aspects.First,the personal bankruptcy can standardize the private lending market in China.With regard to the difficulty of corporate financing,debtors in the private lending market are often required to use personal assets as a guarantee of lending.In the period when structural industries in China are adjusted,some industries that are lagging behind can easily trigger personal debt crisis when they are in debt crisis.Debt,in order to deal with personal debt crisis,it is necessary to set up a personal bankruptcy system to prevent the creditor from first paying the debtor's property through violent debt collection.Under the personal bankruptcy system,the creditor will be included in the list of creditors for fair compensation,which can reduce the creditor's rights.Privately resorted to violence to urge debts to be paid first.The second is the analysis of the phenomenon of repayment of loans by private lenders.Debtors continue to use debt to constantly repay their debts and finally fall into the usury,directly triggering the phenomenon of violent debt collection.Second,the author tried to analyze the relationship between the personal bankruptcy system and China's departmental law.In the end,the author enumerates and puts forward his own opinions on the core terms that should be noted in the establishment of a personal bankruptcy system in China.