The Research On The System Of Rehabilitation Of A Bankrupt’s Right

Rehabilitation of bankruptcy is a system to restore primary legal status ofbankrupt, and makes the bankrupt release from kinds of restricted qualifications orrights by bankruptcy announcement. It is coming in to being with the function ofdisqualification developing prominently, which is a concept and system of modernbankruptcy law. By the laws excepting bankruptcy law, disqualification forbankruptcy restricts the bankrupt’s qualifications and rights on the public laws andprivate laws, which is on the basis of maintaining social justice and trade security.The system of disqualification for bankruptcy is an important component ofbankruptcy duty restriction mechanism, and also makes sure the efficiency ofbankruptcy system. However, this kind of “disqualification” dose not eliminate withthe end of the procedure of bankruptcy, which is suspected of infringing upon thebankrupt’s human rights, and also goes against the regeneration of kindhearted andunfortunate bankrupts. The problem that the system of rehabilitation of bankruptcysolved is how could make bankrupt free from such restrictions, its meaning not onlylies in balancing the conflict between the disqualification and human rights, but alsolies in balancing the relation between the bankrupt’s interests and social interests,which makes disqualification on a jus range.It is not only necessary but also feasible for the construction of rehabilitation ofbankruptcy system in our country. The advancement of legal system and theexploration of personal bankruptcy system provide social conditions and theoreticalsupport for the construction of rehabilitation of bankruptcy system both in practiceand theory. What’s more, the practice of rehabilitation of bankruptcy in othercountries also supplies the valuable experience to our country.Construction of rehabilitation of bankruptcy system should take full account ofChina’s existing legal system and actual conditions, take the right to permitrehabilitation doctrine in the legislative model. On the specific system design, itincludes answer authority subject, answer authority scope, answer authority terms andconditions, and the referee. Furthermore, it should be noted that connection andcoordination between systems, which follows the principle that a special law issuperior to the general law, and then accelerate the establishment and improvement ofthe support mechanisms, such as personal credit system, free property system and so on, So that to form a close contact with the complementary function system.