Research On The Legislative Model Of Personal Bankruptcy

With the development of social economy and changes in consumption structure,the number of cases where natural persons are unable to repay debts is gradually increasing.Therefore,the personal bankruptcy system has gradually entered the research field of scholars.The legislative issue of personal bankruptcy has become one of the important issues in academic research.Although academic research on relevant systems has been fruitful,there is still no consensus on the legislative model for personal bankruptcy,and the adoption of which model to introduce the personal bankruptcy system into the legal system has sparked widespread debate.Based on this,this article focuses on exploring the legislative model of personal bankruptcy.Firstly,this article starts with the background of the emergence of general bankruptcy doctrine and merchant bankruptcy doctrine,explaining the irrationality of the current differential application of personal bankruptcy system in China,and clarifying that China should apply general bankruptcy doctrine.It has been clarified that there are differences in many aspects between the corporate bankruptcy and personal bankruptcy systems,and the two cannot be merged.The necessity and feasibility of personal bankruptcy legislation in China have also been pointed out.Secondly,this paper compares and analyzes the combined legislation and separate legislative models adopted by representative countries outside the territory from many aspects,and finally argues that China should adopt a separate legislative model for personal bankruptcy legislation from many aspects,such as historical factors,legislative techniques,existing theoretical research results,actual national conditions and public acceptability.Finally,according to the actual national conditions of China,this paper proposes supporting measures from the aspects of the system design of court handling cases,popularization of law,optimization of social supporting systems,and giving play to the guarantee role of the Enterprise Bankruptcy Law in view of the obstacles and adverse effects that may be caused by the use of the separate legislative model,which provides legislative ideas for personal bankruptcy and is conducive to guiding the practice of personal bankruptcy legislation.