Research On The Bankruptcy Exemption System Of Natural Persons

Research development of bankruptcy system can find the first applicable objects is a natural person bankruptcy system,the system has been in use today,it is still an important part in the law,bankruptcy exemption system is dependent on the presence of natural person bankruptcy system,it is only part of the country,is to balance the protection of the interests of the creditor and the debtor,given over a debtor is the opportunity to stage a comeback.Though in those days when making the enterprise bankruptcy law in our country,academic requirements include natural person bankruptcy system and bankruptcy exemption system in the enterprise bankruptcy law of the high,however,based on China's national conditions and the present situation at that time,lawmakers think it is not suitable for the introduction of natural person bankruptcy system,finally,enacted in 2006,the enterprise bankruptcy law eventually did not give a natural person bankruptcy,let alone allows it to be released from the remaining debt repayment.The absence of natural person bankruptcy system makes the protection of debtor's right of existence and development limited.Nowadays,in the face of the market economy development needs,people's consumption concept is gradually from the conservative consumption to have western color of deficit spending,the life and production of natural also gradually active,their investment,trade and consumption,lending and other behavior are likely to make them into incapable repayment and eventually bankruptcy,how to solve the new produce this kind of problem,need to introduce natural person bankruptcy system.In recent years,China's property registration system and the construction of personal information system have been greatly improved,which also provides a good foundation for the application of natural person bankruptcy system in China.Although the main body of China's current enterprise bankruptcy law is limited to enterprise legal person,the experience accumulated from the application of a long time can also be used for reference for the application of natural person bankruptcy system.The introduction of this paper briefly expounds the practice of natural person bankruptcy in recent years.The first part mainly introduces in detail the meaning,development course and analysis of advantages and disadvantages of natural person bankruptcy exemption system.The second part of the world's implementation of natural person bankruptcy exemption system of the relevant national system to sort out,in order to China's natural person bankruptcy exemption system to build on the basis of reference.The third part reviews the reasons for not establishing natural person bankruptcy exemption system in the current enterprise bankruptcy law,analyzes the status quo of natural person bankruptcy exemption system in China,discusses the inevitability and feasibility of establishing natural person bankruptcy exemption system in China,and concludes that the time is ripe for establishing natural person bankruptcy exemption system in China.The fourth part combines the national conditions of our country and the legislative experience of other countries and puts forward four legislative Suggestions on the construction of the bankruptcy exemption system.