On The Construction Of The Bankruptcy System Of Business And Natural Persons In Our Country

In order to improve the efficiency of the court’s execution and market development,the Supreme Court has carried out the system of "executive procedure to bankruptcy" nationwide in the past two years.Due to the limitations of the subject of application,the development of this system has been hindered to a large extent.Taking this as an opportunity,the author thinks that the reform direction of China’s current bankruptcy law should be to expand the applicable subject.China’s "enterprise bankruptcy law",which adopts the bankruptcy mode of commercial legal person,excludes commercial natural person from the scope of bankruptcy system,which greatly increases the business risk of commercial natural person.As an important part of the modern national bankruptcy system,the bankruptcy system of commercial natural persons provides the final legal guarantee for commercial natural persons who fail in business operations,promotes the equality of the legal status of commercial subjects,and promotes the development of the market economy.Meanwhile,the establishment of the bankruptcy system of commercial natural person can also promote the development of the bankruptcy system of natural person in China.This paper discusses the construction of the bankruptcy system of natural persons in our country by case analysis,data analysis and comparative research,mainly from five parts to study.The first part is the introduction part,which mainly introduces the writing background,significance,research status at home and abroad,innovation points and difficulties of the article,and emphatically analyzes the significance of commercial natural person bankruptcy to the system of "executive procedure to bankruptcy" and the lack of foundation for the construction of natural person bankruptcy system in China.The second part is the basic theoretical research,mainly on the definition and scope of commercial natural person,the relationship between commercial natural person and natural person,commercial law person,bankruptcy capacity and other issues are described;The third part mainly discusses the necessity of establishing the bankruptcy system of commercial natural person in our country.The fourth part introduces and summarizes the experience of the bankruptcy system with characteristics of foreign countries,especially in the aspects of bankruptcy reconciliation,bankruptcy exemption,power loss and recovery system.The fifth part puts forward the suggestion of constructing the bankruptcy system of commercial natural person from the angle of the internal concrete system and the external supporting mechanism.In the conclusion part,the author also provides a simple way of thinking about the direction of bankruptcy law reform in China.