Research On The Initiation Of Personal Bankruptcy Procedure In China

With the in-depth development of the market economy and the continuous improvement of the social financial system,more and more individuals actively participate in the market economic activities.The economic situation with both opportunities and challenges makes a large number of individuals burdened with debts far beyond their ability to repay.As a result,in the court execution procedures,a large number of individuals for the execution of the execution of the person can not produce cases,after the application for the execution of the person won the lawsuit,there is a blank sheet of paper,the interests can not really be protected,resulting in a series of negative social impact.Bankruptcy legal system is one of market economy country’s symbol,among which the most important is the personal bankruptcy legal system.At present,most of the countries that implement the market economy in the world have established the personal bankruptcy system,but the legislation of our country has not brought the individual into the scope of the bankruptcy subject,the bankruptcy legal system is extremely imperfect.Only by legislating personal bankruptcy as soon as possible can these problems be addressed.As for the personal bankruptcy system,how to start the personal bankruptcy procedure is the primary problem we face.Before starting,we must clarify who can be subject to bankruptcy,who can initiate personal bankruptcy proceedings,how and under what conditions personal bankruptcy proceedings can be initiated,and to whom a personal bankruptcy petition can be filed.This article through to our country personal bankruptcy legislation present situation and the judicial practice in the management status quo of the study,at the same time more outside personal bankruptcy legislation and practice,sum up the lack of legislation in our country now,analysis of the legislative process and the problems in the process of judicial practice,puts forward Suggestions to start our personal bankruptcy procedure problem.This paper is mainly divided into four parts:The first part is about the concept of personal bankruptcy system,its origin,the comparison with other systems and the necessity of its establishment.By comparing the personal bankruptcy system with other similar systems,it highlights the irreplaceability of the personal bankruptcy system.At the same time,the necessity of establishing personal bankruptcy system in China is clarified from three angles.The second part is the research on the legislative status of the extraterritorial personal bankruptcy procedure.In view of the fact that the foreign legislative provisions on the personal bankruptcy system have been very mature,it has a very important reference significance for China to study the initiation of personal bankruptcy procedures.Therefore,this paper conducts an in-depth study on the personal bankruptcy procedures of common law countries in the civil law countries,and in the Hong Kong,Macao and Taiwan regions of China,and summarizes the experience and lessons.The enlightenment to the initiation of personal bankruptcy procedure in our country is obtained.The third part is the research on the judicial practice of personal bankruptcy procedure in China.Summarize and analyze the centralized clearing mechanism of local personal debt and relevant provisions of Shenzhen Personal Bankruptcy Regulations.By Taizhou courts go personal debt clear provisions,Wenzhou court personal debt clean implementation opinions,personal debt Wujiang court rules,the court in Zhejiang personal debt clean up(personal bankruptcy)work instructions(try out)"and" personal bankruptcy regulations of Shenzhen special economic zone five file about personal bankruptcy process began to study the legislative status quo of the problem In this paper,the regulation subject,the starting subject and the way as well as the provisions of the jurisdiction court are analyzed,and the problems and accumulated experience in the legislation on the starting of personal bankruptcy procedure in China are summarized.The fourth part is on the basis of the research and analysis of the current situation of the legislative and judicial practice in China,and in view of the problems and deficiencies encountered in the initiation of personal bankruptcy procedure in China,and the legislative suggestions on various issues that need to be clarified in the initiation of personal bankruptcy procedure in China are put forward.