Research On Applicable Subject Of China’s Individual Bankruptcy System

Bankruptcy system plays an important role in the legal system of market economy countries.It can provide timely exit channels for market subjects that have completely failed,help market subjects with salvage value to regain new life,to ensure that all creditors receive fair and reasonable repayment,and promote the smooth and healthy operation and development of market economy.Due to many reasons,there has been no legislation of individual bankruptcy in China.The individual bankruptcy system has frequently been a front-burner issue in theoretical field,but most scholars analyze it from the necessity and feasibility of the system,as well as the debt exemption and free property in the system.There are few systematic researches and analyses on the subject of individual bankruptcy system.This paper discusses and analyzes the applicable subject of individual bankruptcy,the text contains four parts.The first part is introduction that mainly explains the background and research value of the subject applicable to the individual bankruptcy system,as well as domestic and foreign literature related to the subject applicable to the individual bankruptcy system.The second part is a summary of the relevant issues concerning the subject of individual bankruptcy system.First of all,the subject of application studies what kind of debtor can get relief from the system under what conditions,and what kind of consideration the debtor should pay,Including subject qualification and subject scope,then it analyzes in turn the subject qualification to be clarified,the standards of the limitation of the subject’s qualification and the disputes existing in the scope of the subject.It makes a comparative study from three aspects,the differences in comparative law,the disputes in academic theory and the main practices of local legislative practice.The third part is to define the subject qualification of individual bankruptcy system,it includes the definition of subject qualification conditions and analysis of subject qualification restrictions.On the definition of subject qualification conditions,by drawing lessons from the world’s mainstream legislative experience,this paper discusses and analyzes the important interest connection,bankruptcy causes and bankruptcy capacity,and discusses the appropriate standards for the subject qualification of individual bankruptcy system in China,combining with the economic system and legal culture with Chinese characteristics;An analysis of the subject’s qualifications,firstly discusses the significance of qualification restriction on individual bankruptcy subject,and then points out the shortcomings of individual bankruptcy regulation formulated by Shenzhen,which has relatively perfect subject qualification restrictions,and finally takes it as the framework,to absorb and draw lessons from the individual bankruptcy system is relatively mature legislative experiences in countries and regions,On the basis of combining the actual national conditions of our country,put forward the consumptive countermeasure of individual bankruptcy subject qualification limitation.The fourth part is to analyze the subject range of individual bankruptcy system.First demonstrates the main body in individual bankruptcy range should be adopt the general individual bankruptcy legislation mode,then the controversial individual businesses and leaseholding farm households and rural residents and unincorporated economic organization analyzed one by one,finally determine the scope of the main body of the individual bankruptcy system in China as the civil substantive law on natural person,including biological natural person and artificial natural person two households.