Discussion And Construction Of Personal Bankruptcy System In China

From the historical evolution of the bankruptcy system,personal bankruptcy is the beginning of the bankruptcy system and plays an important role in the market economy.Many countries in the world,especially developed countries,generally recognize the individual bankruptcy ability.On July 16,2019,13 departments such as the National Development and Reform Commission jointly issued the "Accelerated Improvement Plan for the Reform of the Exit System of Market Entities",which clearly stated that research and gradually promote the establishment of eligible consumer liabilities for natural persons can be reasonably exempted according to law,and eventually establish a comprehensive personal bankruptcy system Both Shandong and Shenzhen are trying to become pilots of the personal bankruptcy system.In the face of the current long-term stable development of the economy and solving problems such as "difficult implementation",the personal bankruptcy system will eventually be established.A mature personal bankruptcy system has been established in foreign countries.This article attempts to use methods such as literature analysis,dialectical analysis,comparative analysis,and empirical analysis to learn from advanced foreign ideas and experiences,and to connect with China's actual situation.An in-depth study of basic theory and historical evolution,analyzes the necessity and feasibility of establishing a personal bankruptcy system in China,and then proposes the concept of establishing a personal bankruptcy system.The full text consists of five chapters.The first chapter briefly describes the background and significance of the personal bankruptcy system,and describes the development of China's bankruptcy system.With the increasing prosperity of the market economy and the explosive growth of domestic consumer credit scale,the construction of the personal bankruptcy system in China It is imperative.The author personally believes that while building a personal bankruptcy system in China,while improving our legal system,it can also realize important intrinsic values in jurisprudence,such as:freedom,equality,and justice.This is in line with China's The concept of caring and loving,and the establishment of China's personal bankruptcy system have important practical significance for promoting the development of a market economy.The second chapter introduces the concept of personal bankruptcy system,introduces what is a personal bankruptcy system,clarifies the scope of "individuals",and then finds the difference between personal bankruptcy and corporate legal bankruptcy through comparison with corporate legal bankruptcy,and thinks more deeply about how to establish The personal bankruptcy system has not yet been established in China.At present,there is only the relevant system for the bankruptcy of corporate legal persons.Creating a personal bankruptcy system is very in line with social needs.The third chapter is the necessity and feasibility of the construction of China's personal bankruptcy system.This chapter discusses the necessity of establishing a personal bankruptcy system in China based on the actual situation in China.On the one hand,the establishment of a perfect personal bankruptcy system provides equal protection to market subjects on the one hand,conforms to the overall requirements of civil and commercial law and the principle of equality,and is conducive to improving the market economy operation model.It can also provide a solution to the problem of"difficult implementation”,and can also balance the interests of creditors and debtors.It is in line with China's increasing standing on the international stage and becoming an international power.It also complies with the trend of economic globalization.As far as the practical feasibility of constructing China's personal bankruptcy system is concerned,the dual urban-rural system has no substantial impact on the construction of the personal bankruptcy system,and now urban-rural integration has become a trend.The implementation of the rural revitalization strategy further promotes rural development.The maturity of the personal credit information system and the further improvement of the social security system make the establishment of the personal bankruptcy system realistic and feasible.The personal bankruptcy system already has a realistic foundation and is necessary and feasible.The fourth chapter mainly discusses the overall idea of creating China's personal bankruptcy system.This is the focus of this article.Based on the foregoing theoretical and practical analysis,the author makes the following suggestions for the creation of a personal bankruptcy legal system:the bankruptcy limits of personal bankruptcy,mainly discussing the general causes of bankruptcy under generalism,and targeted the causes of bankruptcy in China Recommendations,what should be included in the bankruptcy property and its limits,following the voluntary principle and also including the reconciliation in the personal bankruptcy system as a very important design,the bankruptcy exemption is a very important design,according to China's actual situation,select the licensing exemptionism and The conditions,effective and revoked give specific considerations.As a key part of the personal bankruptcy system,the bankruptcy loss of power and reinstatement system is a very important form of construction.The author comprehensively considers China's national conditions and discusses which mode is suitable for China.The author believes that the restraint of the bankruptcy and loss of power system should be moderate,otherwise it will limit the individual ability of the bankrupt.As China's bankruptcy law tends to mature,the bankruptcy recovery system should adopt a mixed model.The fifth chapter,this part is the suggestion of perfecting the corresponding supporting system of China's personal bankruptcy.Based on the characteristics of individual bankruptcy and the necessity and feasibility of establishing a personal bankruptcy system,this chapter proposes specific measures for the construction of related supporting systems,the construction of a personal credit system,the construction of a personal property registration system,and the development of a commercial insurance system to ensure personal bankruptcy.The smooth implementation of the system.