论我国个人破产制度的法律构建-民商法专业论文.docxVIP

3 3 债务调整计划而不是轻易地免责。三是制定人格破产和限制消费制度以及 人格复权制度，以保证个人破产制度的有效实施。四是加强对个人破产犯 罪的法律规定，完善相应的刑事法律规范，在一定程度上防止个人对该制 度的滥用。 最后本文总结了构建个人破产制度将弥补我国破产立法上的一段空 白，也为实现生活中出现的新的经济现象提供了解决的合法途径。我们应 立足于我国的国情，构建我国的个人破产法律制度，为我国的经济的健康 发展开辟更为宽广的道路。 关键词：个人破产；必要性；可行性；自由财产制度；破产免责制度 1 1 Abstract Personal bankruptcy is a common bankruptcy system in the world nowadays. It is the product of the commodity exchange market and economic development. Both the common law countries and civil law countries, either businessmen implementation of the bankruptcy or insolvency of the state in general, have created the personal bankruptcy system. It plays an important role in modern insolvency laws. However, the legislation of personal bankruptcy system is still blank in China, which is extremely inconsistent with the development of Chinas market economy and can not conform to the requirements of the rule of law economy. With the vast increasing degree of Chinas opening to the outside world, it is bound to cause many social problems. Viewed from a historical point, the bankruptcy system came of the procedures to pay property system in the Roman law. It is not only the origin of the insolvency law, but also runs through the whole development process of insolvency law. Therefore, the construction of Chinas personal insolvency system is imperative and it is necessary to study and explore this issue. In this paper, used the historical analysis and comparison of analytical methods, learned the personal bankruptcy system from western countries, the construction of Chinas personal insolvency system are discussed. The full text is about 30,000 words, divided into five sections. The first part is an overview of the personal bankruptcy system. First of all, the concept and the essence of personal bankruptcy is identified and the distinction between the personal bankruptcy and legal bankruptcy is explained. At the same time, using the methods of historical research, the origins of the personal bankruptcy system was recalled a