Judicial Determination Of The Insurance Fraud

Although new bankruptcy law has been announced in August2006, but only the legalentity of enterprise has the capacity of bankruptcy, and the individual bankruptcy system haseventually been excluded. Under the regulation of marketing competition, the phenomenon ofindividual bankruptcy will be inevitable in every country. The Bankruptcy System at present,which only regulates the bankruptcy of corporation is far from the needs of the developmentof our country’s Marketing Economic System. The individual bankruptcy that one can not paythe debts is more and more popular, and it is estimated with the development of the economy,this kind of phenomenon will emerge frequently it is very difficult to solve all the questionsconcerning with the repay just by civil procedure. Therefore, establishing the individualbankruptcy system has already been the first thing to do for the development of the socialistmarket economy.This dissertation focuses on the Natural Person Bankruptcy System of our country.Recalling bankrupt legal system in the history of the development of domestic and othercountries the use of law, jurisprudence, economies and sociology of law and othermethodological demonstration of the Personal bankruptcies in the Chinese legal system toestablish the reasonableness and necessity. It has four chapters.Introduction introduce the gap between the reality of our society and the new bankruptcylaw by data.Chapter1is the general analyzing of Bankruptcy System. In the first section, the authordefines the legal definition of Bankruptcy and Bankruptcy System and emphasized thefunction of Bankruptcy Law. The author also analysis China’s existing bankruptcy law andthe legislative status of personal Bankruptcies in the legislature.Chapter2analyzes the necessity and feasibility of the establishment of personalbankruptcy in the current China legal system. Author from three areas----the culturalenvironment, economic environment and the social credit environment demonstrated thefeasibility of the establishment of personal bankruptcy legal system in China. Anddemonstrates the need for the establishment of personal bankruptcy legal system in China byexplain the significance of the further development of socialist market economy and stablesocial order. Chapter3is one of the focus of this Paper, is about the design of the Procedure system. Itincludes the reason of bankruptcy, the condition the Application, bankruptcy conciliation andthe summary procedure. The second Section is about the design of the substantive system. Itincludes the free capital system, Personal bankruptcy, compound right system, debt reliefsystem the void action of bankruptcy and the right of rescission.Chapter4analyzes that only by improve the personal property registration and reportingsystem, the personal credit system, the social security system and other supporting systems,can we lay the foundation for the establishment of the personal bankruptcy system.Conclusion concludes the paper.