Research On Bankruptcy System Of Individuals

Although new bankruptcy law has been announced in August 2006, but there are still no trace of bankruptcies in the individual. Under the regulation of marketing competition, the phenomenon of individual bankruptcy will be inevitable in every country. The Bankruptcy System at present, which only regulates the bankruptcy of corporation or legal person, is far from the needs of the development of,our country's Marketing Economic System. For that reason, to build up the system of Natural Person Bankruptcy is in urgent. This dissertation focuses on the Natural Person Bankruptcy System of ourcountry. Recalling bankrupt legal system in the history of the development of domestic and other countries, the use of law, jurisprudence, economics and sociology of law and other methodological demonstration of the personal bankruptcies in the Chinese legal system to establish the reasonableness and necessity. It has four chapters.Chapter 1 is the general analyzing of Bankruptcy System. In the first section, the author defines the legal definition of Bankruptcy and Bankruptcy System and emphasized the function of Bankruptcy Law. The author also analysis China's existing bankruptcy law and the legislative status of personal bankruptcies in the legislature.Chapter 2 focuses on the analysis of the current personal bankruptcies China's legal system barriers, barriers in economic system, barriers in cultural, barriers of personal credit registration and personal property registration system deficiencies and other unfavorable factors, the authors further analysis of these factors can be ruled out, that these issues do not establish personal bankruptcies in the legal system to create obstacles. Author's identify from the system civilization, legislative demand and market feasibility studies on the economic and cultural concepts of personal bankruptcies in the Chinese legal system.Chapter 3 author wrote this part from the perspective of jurisprudence establishing personal bankruptcy inevitability of the legal system, mainly humanitarian, fair and efficient perspective.Chapter 4 is one of the focus of this paper, is about the design of the procedure system. It includes the reason of bankruptcy, the condition the application, bankruptcy conciliation and the summary procedure. The second section is about the design of the substantive system. It includes the free capital system, personal bankruptcy, compound right system, debt relief system, the void action of bankruptcy and the right of rescission.