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The Establishment Of The Bankruptcy System For Natural Persons From The Perspective Of Optimizing The Business Environment

Posted on:2021-02-19Degree:MasterType:Thesis
Country:ChinaCandidate:W H LiuFull Text:PDF
GTID:2516306494991029Subject:Economic Law
Abstract/Summary:PDF Full Text Request
The bankruptcy law of our country has been implemented for more than ten years,because the subject is limited to enterprises,so many natural people can not be relieved by bankruptcy system.In recent years,the state has been committed to further optimizing the state-owned business environment and constantly put forward measures to improve the business environment.Meanwhile,the paper puts forward the linkage issues related to optimizing the business environment and unblocked market exit mechanism,and building the bankruptcy system of natural person in China to solve the problem of natural person's withdrawal from market activities and judicial proceedings through legal procedures has become a concern between the academic circles and judicial organs at all levels Hot spots of note.The construction of the bankruptcy system of natural person is not only an inevitable measure to improve the bankruptcy legal system in China,but also a necessary part of improving the overall ranking of the state-owned business environment in the world.In order to further optimize the state-owned business environment and make the world ranking of the state-owned business environment further rise,the paper is divided into four chapters to discuss the construction of bankruptcy system of natural persons in China from the perspective of optimizing the business environment.The first chapter discusses the necessity of establishing the bankruptcy system of natural person in the view of optimizing business environment.To build a complete bankruptcy system of natural person can improve the overall ranking of China's business environment in the world by improving the scores of two indicators of contract execution and bankruptcy handling,and also dredge the exit channel of the market and improve the market exit mechanism.The construction of the system can stimulate market vitality,cater to the globalization of economy and law,and then optimize the business environment.The second chapter mainly discusses the exploration of natural person bankruptcy system in China.China has not yet established a system,and the system is still in the exploration stage in China.This part discusses the exploration of system theory to practice in China,analyzes the theory of academic support and denial of the establishment of system,and analyzes the first judicial judgment in China.The third chapter is mainly about the provisions and Enlightenment of foreign natural person bankruptcy system.In this chapter,through the classification of the two legal systems,we compare the three characteristics of the free property system,the bankruptcy exemption system and the loss of rights and duplicate rights in different countries,and draw on and draw lessons from their legislative experience and essence through the study of foreign legislation.The fourth chapter discusses that under the perspective of optimizing business environment,the construction of natural person bankruptcy system in China should follow the principles of fairness,stimulating market vitality,and balancing the protection of the overall interests of the society.We should choose the separate legislation,the general bankruptcy model and the summary mode of bankruptcy causes,introduce the bankruptcy criminal system,and construct the system of free property,bankruptcy exemption,loss of rights and restoration of rights In order to establish a summary procedure and reconciliation procedures,and improve the personal credit system,personal property registration system and social security system as supporting systems.
Keywords/Search Tags:individual insolvency law, Optimization of business environment, free property, bankruptcy exemption
PDF Full Text Request
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