On The Construction Of Personal Bankruptcy System In China

As we all know,China's market economy is becoming mature,the bankruptcy legal system is a sign of the market economy countries,and personal bankruptcy is the standard of bankruptcy legal system.Most of the countries that have implemented market economy in the world have established personal bankruptcy systems,but now,Chinese bankruptcylegal subjecthas not included individuals yet.At present,China's bankruptcy only includes legal person,individuals and other economic entities have not included in the scope of the legal subject yet.Although there is no personal bankruptcy law in China,but the phenomenon of personal bankruptcy is very common,but personal bankruptcy cannot be solved through bankruptcy procedure,this may cause a series of negative social impact,if we want to solve these problems,we should establish the personal bankruptcy to fulfill the blank as soon as possible.Based on the analysis of relevant personal bankruptcy system literature,this paper analyzes the personal bankruptcy system by using historical research methods and comparative research to find the best personal bankruptcy model which suits the present situation of our country.Based on the analysis of the individual bankruptcy legal system,this paper analyzes the legal system of personal bankruptcy,and find the better legislative choice which is suitable for our country according to the specific social situation now.The whole paper is divided into four sections.The first section describes the value and development of the personal bankruptcy system,and the different patterns and types that have emerged from the inheritance and transplantation during the development,as well as the characteristics and advantages of different types and patterns.The second section analyzes the necessity of establishing the personal bankruptcy system from four angles based on current economic background of our country.Meantime through the traditional moral concept,urban and rural duality is not the obstacles of personal bankruptcy system's construction,and the development of credit system and social security system provide the Solid foundation of personal bankruptcy;the third section is about to establishment entity system of individual bankruptcy,Including the self-owned property system,bankruptcy exemption system,lose power and regain the right,respectively analysis the value and system content,and how to construction our own system;the fourth section Combined with contact of three parts of the relevant discussion and analysis,find a better way to constructing our personal bankruptcy procedure system,the initiation of the personal bankruptcy and the construction of the bankruptcy settlement system,and the summary procedure.Based on these four sections,then explore a personal bankruptcy system which is suitable for China.