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On the establishment of personal bankruptcy in China

Author: GuoYanHong
Tutor: ShaoShiXing
School: China University of Political Science
Course: Legal
Keywords: Personal bankruptcy Necessity Feasibility Legal Proposition Implementation issues
CLC: D922.291.92
Type: Master's thesis
Year: 2010
Downloads: 185
Quote: 0
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Abstract


The bankruptcy law is an adjustment in the legal system of the market economy, the market economy is essential for the smooth functioning of the legal system. The bankruptcy law is based on the legal form of a national force protection to the smooth functioning of the market economy, and its role is not just the regulatory role of the market competition mechanism, but also in the debtor is unable to pay maturing debt, fair for the creditors and the legitimate interests of the debtor. The scope of important content is one of the bankruptcy law bankruptcy law. At this stage, China's bankruptcy law allows only enterprise legal bankruptcy proceedings, and no bankruptcy ability to empower individuals and other civil entities, personal bankruptcy laws and regulations, or in a vacuum state: Although China's newly enacted since June 1, 2007. the implementation of the bankruptcy law has a breakthrough in many ways and perfect, but has not provided the issue of personal bankruptcy system. With the deepening of China's reform and opening up, the rapid development of the market economy, also of personal rule out bankruptcy outside the main body of the legal system mode will occur in subsequent proceedings lot of contradictions and conflicts, this will not help the country in the world economic development. Establishment of personal bankruptcy is the perfection of bankruptcy legal system, an inevitable requirement of establishing a legal system of socialism with Chinese characteristics, and also provided to solve the economic problems for real life legal means to build integrity and harmonious society. has important significance. From an overview of the personal insolvency system established legal concept of the necessity and feasibility of personal bankruptcy, personal bankruptcy system was established and considered five major problems arising in the personal bankruptcy system established angle analysis on China to establish a system of personal bankruptcy . Overview of the bankruptcy system, will be the first to introduce the basic definition of personal bankruptcy, personal bankruptcy main unique ability of the same sex, because diversity and the relief of the legal characteristics, on the other hand, by the common law system, mainland Introduction of the Law Department of the personal bankruptcy system and to compare with the Chinese legal system, fully demonstrates China to establish the urgency of the personal bankruptcy system; in the second part, the author from the four aspects to describe the phenomenon of modern social and economic development, thus proposed the necessity to create a personal bankruptcy system; third most fully proved that China establish a personal experience from the rapid development of the socialist market economy, the implementation of the Property Law, the basic shape of the credit system in China and abroad, personal bankruptcy system four angles bankruptcy system has sufficient feasibility; In the fourth section, I will establish a personal bankruptcy legislation mode, the initial idea of ??the personal; fifth part, consider the related issues involved in implementation of the personal bankruptcy system and analysis, and its Countermeasures further explored. Concluded that, to establish a personal bankruptcy system in our country is the inevitable requirement for China's social and economic development, the necessary measures to improve the legal system of bankruptcy, it is inevitable road to integration into the world economy. In short, China should establish a personal bankruptcy system with Chinese characteristics.

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CLC: > Political, legal > Legal > Chinese law > Economic Law > Bankruptcy Law
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