论我国的个人破产制度之构建.pdfVIP

Abstract In the light of the theoretical framework of jurisprudence, comparative law, legal sociology and legal economics etc., this article, which starts with the connotation and historical development of individual bankruptcy system, expatiates the necessity of the construction of individual bankruptcy system in china, concentrates on the lawmaking concept, lawmaking model and its unique content, puts forward some specific lawmaking suggestions on how to construct individual bankruptcy system in China, and in the end, expounds the current main obstacles for the construction of individual bankruptcy system and brings forward some tactic suggestion in order to provide theoretical preparation for the construction of the system. It is clearly stated in this article that to construct individual bankruptcy system in China is not only of theoretical value but also of realistic significance; to construct individual bankruptcy system in China should build up impartial lawmaking concept and adopt businessman’s bankruptcy or general bankruptcy, these two lawmaking models respectively; to construct individual bankruptcy system in China should give prominence to the unique content of individual bankruptcy system, ensure free property system, bankruptcy discharge system, personality bankruptcy and rehabilitation system. The existential condition for the individual bankruptcy system is the existence of commodity economy and the definitude of individual property ownership. At present the utmost barrier for the construction of individual bankruptcy system in China is the inclarity of individual property ownership, therefore personal property registration system should be accomplished as soon as possible. Key Words individual property impartial concept free property