Establishing Of Bankruptcy Law System For Nature Person In China

From the history of the initiation and evolvement of bankruptcy system, the initial brankruptcy law was only applicable to natural person. Until the appearance of the corporation in the first half of 19th century, there was the bankruptcy of corporation. But in many countries, the importance of the bankruptcy of natural person in their bankruptcy law system does not change. Nowdays, in developed countries westward, the amount of the bankruptcy of natural person is much more than the bankruptcy of corporation. According to the rules of the bankruptcy law in our country, only the corporation can be bankruptcy, while natural person can't. In our country, there is no bankruptcy law of natural person at present. This article is mainly reviewed the history of the bankruptcy law of natural person, and saw about the bankruptcy law of natural person in the developed countries at present, then according to the situation of our country, analysed the legislation of the bankruptcy law of natural person in our country, and gave the advice of the design of the law. At last, the article analysed upbuilding correlative laws of the bankruptcy law of natural person.This article is about the bankruptcy law of natural person, and is mainly discussed from five parts.Part One: The history of the bankruptcy law of natural person. First, it summarized the bankruptcy law of natural person, reviewed the evolvement of the bankruptcy law of the natural person. From it we could see, the bankruptcy of natural person first appeared in developped ancient Rome, then in the whole Europe and America and other countries, the bankruptcy system of natural person gradually consummated with the development of the commerce. In the society that based on the exchange of the merchandise, it is necessary. Because every person exchanged merchandise with others for his life and for his work, thus without fail there will be creditor's rights and debt. So, the bankruptcy law of natural person was the result of the natural choice of human society, and it was also the inevitability choice of the commercial economy.Part Two: Seeing about the legislation of the bankruptcy law of natural person in foreign country, mainly saw about the bankruptcy system of natural person in westward developed countries at present, and the meaning of using for reference to legislate this system in our country; Through the brief analyzing the bankruptcy system of natural person in America, Germany, France, Japan, and Australia, we could see the difference of the bankruptcy law of natural person in these countries. Although this could not be the only standard for our country to legislate the bankruptcy system, it could trace out the tendency of bankruptcy legislation nowadays. From the tendency of the international bankruptcy law, with the acceleration of the global economy incorporation, and with more and more international economy traffic, the tendency of the bankruptcy law in the world is to syncretize, and to unify.Part Three: Discussing the bankruptcy law of natural person legislation in our country. First, reviewed the bankruptcy status at present in our country, and then analysed the necessary of legislating the bankruptcy system of natural person in our country. At the same time, this article also expatiated on the counterwork to the system. The bankruptcy system of natural person is a system came from other countries, its meanings are quite difference from the traditions in our country. So it must be impacted with the traditions and the situation of China. But it is an advanced system, it is the problem for us to syncretize with the situation of China during legislating.Part Four: Conceiving of the bankruptcy system of natural person. In this part, the article analysed the process and the real system of natural person bankruptcy in our country. On designing, it mainly aimed at the reasons of natural person bankruptcy, and the domination of bankruptcy application. The natural person bankruptcy compromise, the bankruptcy declaration and the simple process of bankruptcy were also discussed. On the real system of natural person bankruptcy, it mainly discussed the free estate system, bankruptcy without duty, bankruptcy resume, and personality bankruptcy, repeal right system, bankruptcy crime. Part Five: Upbuilding correlative system of the bankruptcy law of natural person. There were three aspects: credit system of natural person, personal estate register system and social insurance system. All these systems upbuilding, is the precondition and guarantee of the legislation of natural person bankruptcy. Otherwise, upbuilding the bankruptcy system of natural person is a castle in the air.