On the personal bankruptcy legislation
|School||China University of Political Science|
|Keywords||Bankruptcy legislation Personal bankruptcy Bankrupt property Bankruptcy claims Bankruptcy reasons Corporate insolvency regimes International practice Development of social productive forces Open wider to the outside world Bankruptcy Law|
Chapter One : discusses the historical evolution of the personal bankruptcy system . Bankruptcy system to trace its history from personal bankruptcy system and legal system , and later with the development of the commodity economy and legal technology , expand its scope of application to the legal person. Chapter II : brief summary of the bankruptcy legislation in the history of our country and the realities after the third quarter analysis of the necessity to create a personal bankruptcy system : First, it is the requirements of the law of the economic value of goods ; Second is the objective of the development of China's socialist market economy needs; further expand our new form of opening to the outside world, and with the international practice need ; fourth , implementation difficult \Section IV discusses the special role of the personal bankruptcy system to make up for the lack of civil legal system , and safeguard the legitimate interests of the creditors , the debtor reborn , is conducive to the development of social productive forces , the maintenance of social credit . Chapter III : Section V , for China 's bankruptcy law legislation on bankruptcy causes defects proposed personal bankruptcy legislation should pay can not pay to stop the bankruptcy reasons . Section 6 , bankruptcy eligibility , stressed that China should change the bankruptcy law restrictions on the main qualifications , should be extended to all natural and legal persons of the territory , and regardless of whether Chinese or foreigners . Section VII discusses the concept of bankruptcy claims , the constituent elements , types , basic knowledge of the right of exclusion and retrieve the right , and the claims of the elapsed time to the availability of the grounds of a bankruptcy claim under certain conditions . Section VIII discusses the bankrupt property legislation ' , the characteristics of the property of the bankrupt , the scope and the right to revoke , and should be taken of personal bankruptcy legislation on the time of the bankruptcy property limited expansionism reason . Ninth , ten, fourteen , respectively, discussed as distinguished from the corporate bankruptcy system and exist independently of the restrictions on the qualifications of the personal bankruptcy system , the exemption system and the right to re- system . 11 , twelve , thirteen , respectively, discussed the application and management of personal bankruptcy system , reconciliation, and the declaration of bankruptcy system .