Research On The Construction Of Personal Bankruptcy Legal System In China

Bankruptcy is a legal phenomenon that will inevitably appear at a certain stage of the development of the commodity economy,and is a special adjustment method for the survival of the fittest in the market competition.The "Enterprise Bankruptcy Law"currently implemented in China was promulgated on August 27,2006,and the scope of application of this law is all corporate legal persons.The law has played an important role in effectively disposing of "zombie enterprises",perfecting the withdrawal of market entities,and improving the quality of economic development for more than ten years since its implementation.However,its scope of application is limited,and it is not applicable to personal bankruptcy.Ministry of Bankruptcy Law." However,due to various reasons,personal bankruptcy laws have not been introduced in China.Corresponding to the enterprise bankruptcy system,the personal bankruptcy system means that when a natural person who is a debtor cannot pay off its due debts,the court declares it bankruptcy according to law and liquidates and distributes its assets,or exempts its debts and A legal system that determines the parties 'obligations during and after bankruptcy.In the operation of a market economy,everyone may be a debtor or a creditor.Therefore,for everyone,it is both the observant of the individual bankruptcy system and the beneficiary of the system.Therefore,China should formulate a personal bankruptcy law as soon as possible.The first and second chapters of this paper analyze the necessity and feasibility of establishing an individual bankruptcy system in our country,and believe that China's individual bankruptcy legislation is necessary to further improve the socialist legal system,optimize the market business environment,and regulate individual economic activities.With the continuous improvement of the central bank's personal credit information system and the implementation of the "Credit Information Industry Management Regulations",the social security system has gradually improved,and the real estate property registration system has matured.Some local court bankruptcy courts have conducted pilot experiments to accumulate legislation for China's personal bankruptcy system.Valuable experience.In particular,the acceptance of the concept of bankruptcy by all sectors of society has increased significantly.At the same time,relevant national ministries and commissions have also given full attention and issued relevant documents.These factors objectively provide technical conditions and practical experience for the establishment of a personal bankruptcy legal system,making the legislation of our country's personal bankruptcy system feasible.The General Principles of Civil Law,such as the principles of equality,fairness,and honesty,provide principled guidance for the personal bankruptcy system and provide a theoretical and institutional basis for the personal bankruptcy system.The relevant provisions of the Civil Procedure Law and the Partnership Enterprise Law provide corresponding support for the legislation of the personal bankruptcy law.The third chapter analyzes the legislation of the individual bankruptcy system in the civil law system and the Anglo-American law system,and proposes enlightenment for our country.Chapter IV specifically proposes the establishment of a substantive system and a procedural system for establishing a personal bankruptcy legal system in China,and believes that the personal bankruptcy law should confirm the free property system and the bankruptcy exemption system;in terms of personal bankruptcy system,the integrity of the bankruptcy applicant should be considered Use the personal credit reward and punishment system to escort the smooth operation of the personal bankruptcy system.And put forward feasibility suggestions on issues such as the jurisdiction of individual bankruptcy proceedings.