Research On Access To Personal Bankruptcy

Personal bankruptcy has entered the regional pilot stage in my country,and the controversy over personal bankruptcy in the academic circles has never stopped since the enactment of the "Enterprise Bankruptcy Law of the People’s Republic of China"(hereinafter referred to as the "Enterprise Bankruptcy Law").Regarding the issue of personal bankruptcy,especially in the choice of bankruptcy capacity,scholars insist on the doctrine of merchant bankruptcy,general bankruptcy,and special general bankruptcy.The access system is in a pluralistic state.This article takes four representative cases of bankruptcy of Hu XX,Wang XX and Li XX as the research object,summarizes the focus of disputes in the cases,and conducts a legal analysis of the legal issues involved,and draws a conclusion.And put forward corresponding suggestions based on the research process,in order to provide useful help for the improvement and development of my country’s personal bankruptcy access system.This article will be divided into three parts to explore,the main contents of which include:The first part is the case description part.Through the introduction of four typical personal bankruptcy cases,the following legal issues are summarized according to the focus of disputes: 1.Which subjects have personal bankruptcy capacity;2.Whether personal bankruptcy access needs to distinguish the reasons for bankruptcy;Strict restrictions;4.How to relieve bankrupts who do not qualify for personal bankruptcy.The second part is the jurisprudence analysis of the relevant legal issues summarized in the first part.First,it is a theoretical analysis of the personal bankruptcy access system.Again,analyze the reasons and limitations of personal bankruptcy.Finally,it analyzes the norms and characteristics of my country’s personal bankruptcy pilot areas,as well as the entry system and characteristics of personal bankruptcy outside the region.The third part is the suggestion and conclusion part.The author believes that in terms of personal bankruptcy capacity,special general bankruptcy doctrine should be selected for legislation.In addition,bankrupts should be distinguished from the reasons for bankruptcy so that they can receive relief from different systems.It is also possible to appropriately reduce the restrictions on personal bankruptcy access and improve various remedies.The system combines the personal bankruptcy system and the personal debt liquidation system to truly help the "honest but unfortunate" get relief,make market players dare to participate in market economic activities,and promote the improvement of the business environment.