The Construction Of Personal Bankruptcy System In China

Many countries in the world have already built a complete bankruptcy system,issued bankruptcy law,such as The United States and Germany.Different from these countries,the traditional legal and ethical concepts,including the concept of debt repayment,which have been formed for a long time in China,have marginalized the bankruptcy system and the legislation related to bankruptcy.China’s bankruptcy system only includes the enterprise bankruptcy system,the personal bankruptcy system is still a blank.In the current situation,it is not realistic to re-enact a law that includes these two systems.At present,the most feasible way is to make a comprehensive plan and comprehensive consideration,and on the basis of the constitution,formulate a separate personal bankruptcy law suitable for China’s national conditions and social needs,and construct the personal bankruptcy system in China.Our country is now gradually transforming into a consumption-oriented society,people’s consumption concept has changed and the system matching the personal bankruptcy system has been basically formed.In addition,with the accumulated experience in the implementation process of China’s enterprise bankruptcy system,China has been equipped with the conditions to construct the personal bankruptcy system.Our personal bankruptcy system needs to be in line with our current system and procedures,and we can learn from the experience and lessons of other countries when we construct it.In terms of the physical component,the system should cover the natural person and commercial natural person,give consideration to the interests of creditor,debtor and society in the choice of bankruptcy cause and the definition of bankruptcy property,and the bankruptcy exemption system and free property system should also play their due roles.In terms of procedural construction,the initiation procedure and trial procedure of personal bankruptcy should be based on China’s national conditions and give full play to the advantages of China’s existing system.For example,the introduction of pre-trial mediation system as a pre-procedure.In addition,we also need to supplement and improve the existing system by introducing more individual bankruptcy administrators and establishing specialized bankruptcy administrators or associations.In terms of abuse prevention,we should establish a strict system of power loss and power recovery,introduce the crime of personal bankruptcy,and improve various systems that are compatible with personal bankruptcy.Figure 0;Table 0;Reference 50...