Research On The Expansion Of The Application Scope Of China’s Bankruptcy Legislation

The applicable scope of current bankruptcy law in China does not cover natural persons and individual bankruptcy is excluded from the bankruptcy legal system.Bankruptcy law to some extent avoids the "honest and unfortunate" personal bankruptcy problem,which causes many social problems caused by personal debt disputes,natural person cannot be forced to enforce the case of withdrawal can not be solved,and even seriously affect the smooth implementation of enterprise bankruptcy law.At present,the revision work of the enterprise bankruptcy law has been included in the legislative plan,and the personal bankruptcy system has also received the full attention of the relevant departments of the state,and aroused the high attention of the public,so it is timely to study the expansion of the applicable scope of China’s bankruptcy legislation.Based on the historical dimension and realistic dimension,this paper analyzes the changes in the applicable scope of bankruptcy legislation in all countries,especially in China,summarizes the changing trend of the applicable scope of bankruptcy legislation in China,and explores the possibility of expanding the applicable scope of bankruptcy legislation in combination with the actual social development needs of bankruptcy legislation in China.This paper analyzes the necessity of expanding the applicable scope of bankruptcy legislation in China from two dimensions of subject and value,and studies the feasibility of expanding the applicable scope of bankruptcy legislation from two dimensions of theory and practice.It is concluded that extending the applicable scope of our bankruptcy legislation to individuals is a good idea to realize the withdrawal of natural persons from the case,to solve social problems and to equalize the interests of multiple parties.Therefore,this paper proposes the assumption that the scope of application of bankruptcy legislation in my country should be extended to individuals,and through in-depth research on whether rural villagers,rural contracted business households,partnership enterprises and sole proprietorships in unincorporated economic entities belong to the scope of bankrupt individuals,to define What legislative model should be adopted in bankruptcy legislation in our country? In this regard,this paper proposes that our country should adopt the general personal bankruptcy legislative model and the unified legislative model.In addition,this paper argues that a feasible way to expand the scope of bankruptcy legislation in my country is to include personal bankruptcy when the corporate bankruptcy law is revised.Therefore,on the basis of the current bankruptcy law,this paper puts forward the main principles and design ideas that bankruptcy legislation should follow,so as to improve the bankruptcy legal system and better realize the purpose of bankruptcy legislation and its value goals.