On The Construction Of Individuals Bankruptcy System In China

With China’s rapid economic development, social liabilities consumption becomeprevailed, research on individuals bankruptcy system become the focus once again.What is the meaning of individual bankruptcy system? Can we build this system? howto build? These three problems, are the basic clue of this paper.Due to the lack of legislation, will let the system with a sense of distance topeople, but in fact, personal bankruptcy is occurring in China. A large number ofmortgage, debt of credit card, we need to establish this system. At the same time,greatly changes in the number of personal bankruptcy, will greatly affect the reform ofa national legal system. In developed countries, such as Britain,American andGermany, affected by the global economic turmoil, they have large scale adjustedtheir individuals bankruptcy system, since the nineteen eighties. this adjustment is notonly a simple adjustment of system, even relates to the legislative purpose.This paper author attempts to summarize the connotation of individualsbankruptcy, by lists three kinds of views of individuals bankruptcy in the connotation.Brief introduce the status of this system, not only clear the mainstream mode and thelegislation idea of individuals bankruptcy legislation, but also stressed theinternational degree of the system also requires our country to set up the system.Based on the history of the system development, not only clear the origin of thissystem, also know the system mutual promotion and influence with the developmentof a country’s economic and social. The development of this system is actually aprocess of learn from each other, and then develop alone. That points out the directionfor the construction of the system in our country. Based on the relevant foreign systemintroduction, let us understand the legislative ideas and systems in severalrepresentative countries set up internal, provides the reference standard to establish the related system in our country. Through the discussion of the establishment of thesystem of necessity and feasibility for China, with the economic index，otherinformation, and based on analysis of the current situation of our society, law and thestatus of personal bankruptcy opinion,author determines the system in our countryconstruction is feasible and necessary. Finally the author based on the current situationof our country,and individuals bankruptcy system in foreign countries, makes atentative construction proposal both from the procedural and substantive. On one hand,through program control system, control the number of personal bankruptcies, on theother hand, in order to control the bankruptcy of personal freedom in the range ofentity system, against malicious bankruptcy, promote people benign consumptionhabits.