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Exploration On The Construction Of Personal Bankruptcy System In My Countr

Posted on:2023-11-30Degree:MasterType:Thesis
Country:ChinaCandidate:J H YangFull Text:PDF
GTID:2556306803491874Subject:legal
Abstract/Summary:PDF Full Text Request
At present,with the accelerated transformation of the international political and economic order,the economic environment has become increasingly complex,and personal bankruptcy is not uncommon.However,contrary to this,my country still does not include individuals into bankruptcy subjects,which leads to a series of problems such as difficulty in enforcement,and the lack of integration with the international community under economic globalization.The "Shenzhen Special Economic Zone Personal Bankruptcy Regulations"(hereinafter referred to as the "Regulations")is the first step for my country’s personal bankruptcy legislation.As a pilot legislation for the personal bankruptcy system,its promulgation and implementation not only indicates that the legislative work of my country’s personal bankruptcy system is on the agenda,but also can accumulate experience for the establishment of a nationwide personal bankruptcy system in the future.Therefore,from the perspective of the "Regulations",this article provides inspiration for the establishment of my country’s personal bankruptcy system through the analysis of the content of the "Regulations" itself and its shortcomings.Specifically,this research is divided into five parts.The first chapter gives an overview of the basic concept,origin and development of the personal bankruptcy system,and points out the necessity of this system in our society.The second chapter mainly discusses the main content of the "Regulations" and its relationship with my country’s personal bankruptcy system,and studies its specific theoretical significance and practical value.The third chapter is the focus of this study,which analyzes and discusses the limitations of the Regulations in depth.In addition,the formulation of the personal bankruptcy system also needs to learn from foreign experience.Therefore,in the fourth chapter of this article,the civil law system is used to represent the country and the common law system is used to analyze and compare the shortcomings of the individual bankruptcy system and the "Regulations",and conclude that the individual Enlightenment of bankruptcy system: It is necessary to establish a sound personal bankruptcy legal system and a sound personal bankruptcy supporting system.Through the comparison and inspection of the relevant systems in the above-mentioned countries and Shenzhen,and by using the comparative analysis method and historical analysis method and other research methods,some suggestions for thinking about the establishment of the personal bankruptcy system in my country are put forward.On the basis of the "Regulations",it is necessary to absorb its experience to promote a nationwide personal bankruptcy system;secondly,it is necessary to establish relevant supporting systems for personal bankruptcy,such as improving the personal credit system,improving the social security system related to personal bankruptcy,and improving the punishment for bankruptcy fraud.system.This will promote the implementation and implementation of the personal bankruptcy system in my country,and provide strong institutional support for the personal bankruptcy system.
Keywords/Search Tags:individual bankruptcy, Personal Bankruptcy Regulation of Shenzhen Special Economic Zone, free property, lose power
PDF Full Text Request
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