Research On The Construction Of Personal Bankruptcy System In China

Looking at the world,most advanced and developed countries or regions have already established personal bankruptcy law,and the development of more mature,bankruptcy legal system seems to have become the symbol of market economy countries.China,as a market economy country,has only had corporate bankruptcy law for a long time,but has not included individuals into the scope of the subject of bankruptcy,resulting in only half of China’s bankruptcy law.With the deepening of international economic relations and the rapid development of China’s market economy,more and more businessmen and individuals have joined in the economic and trade,and the personal bankruptcy legal system is an indispensable part of the bankruptcy law.The personal bankruptcy legislation in China has attracted more and more attention from the legislature and legal scholars.With the introduction of the personal bankruptcy regulation in Shenzhen Special Economic Zone,the construction of the personal bankruptcy law in China is not far away.This paper introduces the concept of the personal bankruptcy system,defines the "individual",makes clear the subject of the personal bankruptcy system,and analyzes the legislative significance and value of the personal bankruptcy system from a macro point of view.Then it shows the necessity and feasibility of constructing the personal bankruptcy system in China from the aspects of the actual judicial situation,the realistic basis and the supporting system.The focus of this paper is how to construct the personal bankruptcy system suitable for our country,which is divided into entity system construction and procedure system construction.Today to build a system of personal bankruptcy system in our country entity problem such as the choice of legislation mode and application Settings there is controversy,this paper by comparing the different countries and regions on the legislative cases of personal bankruptcy system,based on China’s national conditions and judicial environment,combining with analyzing personal bankruptcy regulations of Shenzhen special economic zone,recommending suitable for personal bankruptcy system in our country,this paper expatiates the theory significance.