Research On The Legal System Of Personal Bankruptcy

Internationally,the scope of application of the bankruptcy law usually includes enterprises and individuals.my country ’ s current "Bankruptcy Law" only stipulates that enterprises are the subject of bankruptcy,which prevents individuals from repaying their debts through bankruptcy procedures.This results in the long-term failure of creditors’ claims.In repayment,the debtor is even more unable to get rid of the debt repayment process.The establishment of a unified personal bankruptcy legal system in our country should be based on the existing problems in our country,adhere to the problem orientation,and follow the reasonable principle of legal transplantation.my country’s personal bankruptcy system must not only absorb the results of advanced legislation,but also cannot blindly take the initiative.Reasonably learn from foreign laws and regulations and carry out legal transplantation is an important way to build the rule of law in our country.We need to get rid of the dross and learn the essence of the personal bankruptcy legal system.The core of the legal system is the balance of interests,and the personal bankruptcy legal system should also follow this principle.As a part of the legal system,the personal bankruptcy legal system plays an important role in economic development.It involves the realistic and important interests of the society,debtors and creditors.It should pay attention to the interests of debtors and creditors,debtors and society,and creditors and society.Balance problem.At present,it is necessary to build a personal bankruptcy legal system with Chinese characteristics and socialism in line with the national conditions in accordance with our country ’ s practice,fully consider the legal concepts of the new era with Chinese characteristics and other supporting systems such as the free property system,and reasonably establish a bankruptcy exemption system and a bankruptcy right recovery system.Achieve fair and efficient protection of the interests of creditors,debtors and society.The first chapter of this article summarizes the research significance,research summary,research methods and innovations of this article.The theoretical significance of the research is to enrich the existing research on personal bankruptcy laws in our country and contribute to the establishment of a unified national personal bankruptcy legal system.The practical significance of the research lies in that many problems in practice can be better solved by summarizing the problems and proposing countermeasures.The research methods include positivistic research methods,starting from the regulations of the pilot regions in my country;comparative research methods,combined with the experience of other regions in the world to consider the reference of my country’s personal bankruptcy legal system;literature research methods,theoretical research and analysis of existing literature.The innovative point of this article is to use cases as the breakthrough point,and discuss the necessity and rationality of building a personal bankruptcy legal system using literature,positivism and comparative research methods.The second chapter is an overview of the personal bankruptcy legal system.Through the first case of personal bankruptcy in my country,it leads to thinking about the personal bankruptcy legal system,and at the same time summarizes the current practice in various regions of our country,and discusses the necessity of formulating a unified national personal bankruptcy legal system under the current economic conditions.The third chapter is a summary of the problems existing in my country’s current establishment of a nationwide personal bankruptcy legal system.That is,on the basis of my country’s "Bankruptcy Law" and the regulations of various pilot regions,summarize the problems existing in the trial implementation of our country’s personal bankruptcy legal system and the problems of formulating a national personal bankruptcy legal system.The fourth chapter summarizes the relevant experience of the legal system of personal bankruptcy outside the territory,and makes a reasonable reference to the foreign system from the level of comparative law.The fifth chapter is the superficial suggestions for the establishment of a personal bankruptcy legal system.That is to say,based on the problems raised in Chapter 3,the solution to the problems and the reasonable borrowing of foreign experience is proposed to build our country’s personal bankruptcy legal system.