Study On The Law System Of Personal Bankruptcy Rebirth In China

The current bankruptcy law of our country has always been called incomplete bankruptcy law,because its applicable subject is only an enterprise legal person,but the bankruptcy law with individual as the main body has not been established.On the one hand,with the further development of the market economy,the share of economic activities and economic acts carried out by individuals as economic subjects is gradually increasing in the market economy,and there is a risk of transaction.When individuals face economic risks with a large amount of debt or even on the verge of bankruptcy,the application of existing laws and regulations can not solve the problem from the root,but has led to a series of difficult cases of implementation;present,most countries have established relatively perfect personal bankruptcy system.I think these three systems essentially give the bankruptcy debtor the possibility and material basis of restarting,so the merger is called the rebirth system in the individual bankruptcy system.The legal system of personal bankruptcy rebirth is the product of the continuous development of human civilization and the embodiment of the concern and attention to human rights.Its establishment is not only conducive to promoting the development of human rights protection in China,but also reduces the interference of many unstable factors in the market environment,which is of great significance to the prosperity and development of the market economy.At the same time,it should be noted that the existing personal credit system and personal property registration system in our country are also in the process of continuous improvement.Their perfection has laid a good environmental foundation for the rebirth system and can help the rebirth system to be carried out smoothly.Chapter two is a brief introduction to the historical evolution of China’s research on the bankruptcy of natural persons.The second part explains the connotation and historical evolution of the three systems and the current legislative situation of our country.By comparing and analyzing the three core systems of Mainland law system and Anglo-American law system,this paper summarizes the beneficial experience of our country.In this paper,the main research method of personal bankruptcy rebirth legal system is comparative research,which is because there is no personal bankruptcy legal system in our country at present,there is no rebirth system,so it is impossible to carry out case analysis.This paper makes a systematic and comprehensive analysis of the legal system of individual bankruptcy rebirth by comparing with the establishment of the rebirth system of the country where the individual bankruptcy legal system is established outside the country.Through the comparison and analysis of the rebirth legal system of individual bankruptcy,this paper tries to show that our country already has the realistic foundation and demand to establish the personal bankruptcy legal system,and the establishment of the rebirth system as one of its core parts affects the effective implementation of the individual bankruptcy system.Finally,based on the conclusion of the above two analysis methods,the author puts forward his own legislative suggestions for the establishment of personal bankruptcy rebirth legal system.