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The Establishment of Our Country’s System of the Individual Bankruptcy

Author: HuBin
Tutor: XiaXiuYuan
School: Jiangxi University of Finance
Course: Civil and Commercial Law
Keywords: individual bankruptcy barriers exempt property discharge ofbankruptcy
CLC: D922.291.92
Type: Master's thesis
Year: 2013
Downloads: 46
Quote: 0
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Abstract


Survival of the fittest is one of features of the Market Economy. The entrance andthe withdraw of new faces of the main players in the market is very common.Bankruptcy is a system that regulates the withdraw of the main players in the market. Inour country, there is only the bankruptcy of the corporate enterprises. Individualbankruptcy system is still blank. The appearance of the integration of the internationaleconomic and the credit consumption request us to establish the individual bankruptcysystem.There are some necessities of the establishment of individual bankruptcy system inour country. High-speed development of Chinese economic provides economyguarantee. The improvement of the acceptance of the foreign culture provides theculture guarantee. The advancement of the policy of the rule of law provides juristicguarantee. The start and the development of related supporting system provides theexecutable guarantee.This article proposes a series of proposals to establish our country’s individualbankruptcy system by analyzing and investigating the individual bankruptcy andreferencing other countries’ provisions of the individual bankruptcy system.The paper consists of four parts. Chapter one is about the outline. It analyzes andinvestigates a series conception of the individual bankruptcy system, and compares thedifferences between the enterprise bankruptcy system and the individual bankruptcysystem, by narrating the history of the bankruptcy law’s development and the presentsituation of China bankruptcy law.Chapter two is about necessity, feasibility and barriers to establish the individualbankruptcy system. It discusses the necessities by the international economic condition,domestic present situation, the protection of the creditor and the debtor, and the fair ideaof the law. It discusses the barriers follow the culture, economy, related supportingsystem, and so on. And it discusses the feasibility in connection with the barriers.Chapter three is about the analysis and comparison of the individual bankruptcysystem of the foreign countries. It analyses the produce and development of theindividual bankruptcy system of foreign countries. It discusses discharge system ofbankruptcy, personality bankruptcy, and the rights resumed system in the individualbankruptcy system of foreign countries.Chapter four is about the choose and the establishment of the particular procedure and system of the individual bankruptcy. This chapter is the emphasis of the article. Partone discusses the mode and enactment of the legislation. Part two analyzes the relatedprocedure design of the individual bankruptcy, such as the reason of bankruptcy,bankruptcy reconciliation, and the bankruptcy liquidation. Part three discuss thepeculiar system in individual bankruptcy, such as the exempt property system, dischargesystem of bankruptcy, personality bankruptcy, and the rights resumed system. Also itproposes some legislative proposal, by comparing with foreign related legal system.Part four discuss the review and the construction of the related supporting system. Itdiscusses the related supporting system of the individual bankruptcy, such as individualproperty enrollment system, credit system, the present condition the problem and thereview of the social security system.

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