Research On Personal Bankruptcy System In China

With the transformation of China’s economic structure,the market economy is maturing day by day,and the phenomenon of individual bankruptcy is increasing day by day.The systemic financial risks facing our country are also deepening.In order to better deal with the social risks brought by individual bankruptcy,our country should consider establishing the individual bankruptcy system in due course.The Enterprise Bankruptcy Law of the People’s Republic of China,as amended in 2007,is known as "enacting the Bankruptcy Law because its limited subject of bankruptcy only includes enterprise legal persons,and ordinary natural persons are not included in it.The depth and breadth of ordinary natural persons involved in the market are in urgent need of establishing individual bankruptcy system.The data show that the main body of our market has exceeded 100 million people.At present,the development of the times calls for the individual bankruptcy system,and the corresponding feasibility conditions have matured.This paper is divided into four parts in structure,which are introduction,text,conclusion and thanks.The text is divided into four chapters.The first chapter is an overview of the individual bankruptcy system.This paper focuses on the connotation of individual bankruptcy system,the origin and development of individual bankruptcy system,and concludes that individual bankruptcy system has become the mainstream of the international community.In the comparison of enterprise bankruptcy law,the legal characteristics of individual bankruptcy system are summarized.The second chapter mainly discusses the necessity and feasibility of constructing individual bankruptcy system.From the background of economic and social development,this paper analyzes the necessity of establishing individual bankruptcy system in China from five dimensions.They are five dimensions: preventing and defusing systemic financial risks,solving "difficult to execute ",protecting entrepreneurship and promoting the establishment of innovative society,promoting the construction of Belt and Road,and optimizing the business environment.This paper discusses the feasibility of establishing personal bankruptcy system from three aspects: the change of Chinese ideology,the perfection of credit information system and the technical support of "Internet ".The third chapter mainly discusses the legislative practice of the extraterritorial individual bankruptcy system.This paper briefly introduces the personal bankruptcy system formed by two legal systems abroad.This paper mainly introduces the civil law system and common law system about free property system,bankruptcy exemption system and reinstatement system.and make a brief comparison and analysis.The fourth chapter mainly discusses the author’s thoughts on the construction of personal bankruptcy system in China.The construction of personal bankruptcy system in China is divided into three parts.The first is the construction of the entity system related to the individual bankruptcy system,which mainly includes the own property system,the individual bankruptcy exemption system,the system of disenfranchisement and so on.Second,the individual bankruptcy system related to the construction of procedures.Mainly includes the individual bankruptcy initiation procedure and the individual bankruptcy settlement system.In the stage of bankruptcy initiation,this paper mainly discusses the subject of bankruptcy and the reasons for bankruptcy.The third is the system design which is matched with the individual bankruptcy system.Mainly include improving the social security system and strengthening bankruptcy crime legislation.