Research On The Legal System Of Personal Bankruptcy In China

China's current "enterprise bankruptcy law" does not apply to individuals(natural persons),after individuals have become an important economic subject in the socialist market economy,their solvency crisis or predicament can not obtain the protection and relief of the bankruptcy law,resulting in a lot of social and legal problems.The construction of the personal bankruptcy legal system can improve the existing bankruptcy legal system and realize the intrinsic values of freedom,equality and fairness,which is in line with the concept of caring for the losers in the market economy.From the practical experience of different countries and regions outside China,the bankruptcy legal system provides individuals with a variety of institutional options,which can be divided into liquidation bankruptcy protection and non-liquidation bankruptcy protection.Under the current conditions of the socialist market economy,with the growth of consumer credit and the increase of personal participation in business activities,there has been a sharp increase in the number of individuals who cannot repay their debts due to consumption or business operation,which cannot be properly solved by relying on the existing civil procedure and system.To address these issues,some local courts have been piloting a personal debt liquidation system since 2019.The personal debt liquidation system is beneficial to solve some problems,but the concrete practice lacks legal basis,and a series of problems such as regional restrictions and limited application scope are encountered in the implementation.Therefore,it is necessary to establish a legal system of personal bankruptcy in China.This paper analyzes the legal system of personal bankruptcy at the theoretical level through the unique characteristics of personal bankruptcy,and puts forward some Suggestions for the program design and system setting based on the specific social situation in China.The paper is divided into four parts.The first part elaborates the basic theory of personal bankruptcy system and its practice in China.The legal system of personal bankruptcy has not been established in China.Personal role more and more important,its debt problem also gradually become a hot topic,analyze the related system in this paper,the existing practice,highlight the personal bankruptcy legal system of social positive meaning and the necessity of establish this system,that is why it is necessary to build such a system to perfect the legal system of the whole system.The second part of responding to the question point of view,analysis question of irrationality,the social credit system,property registration system and social security system for our country to establish this system provides the social basis,so as to put forward the conditions and time to establish this system in China is mature,which solve the problem of when to establishing personal bankruptcy legal system.The development of the third part of the extraterritorial related system and content analysis to summarize practical experience,personal bankruptcy legal system development in different countries and regions,so the merit,to analyze it can find the right path,the reality of our country's individual bankruptcy law at the same time as the fourth part of the build system suggestion.On the basis of the above contents,the fourth part elaborates some thoughts,Suggestions and propositions of the author on the establishment of the legal system of personal bankruptcy,and involves many aspects such as the initiation of procedures,main procedures,special systems and measures to avoid abuse.