文档介绍:ABSTRACT
Theoretically, a bankrupt of legal personal system is the outspread of a personal bankruptcy system. In fact, countries who has a good personal bankruptcy system, generally have first personal bankruptcy system before a bankrupt legal person system. And in China, bankrupt legal person system has promulgated by the implementation of bankruptcy law. However, "personal bankruptcy law" does e. In the 2004 "bankruptcy law (draft)", the first article of the”170” personal bankruptcy has been provisioned. But eventually in 2006 the introduction of the "bankruptcy law is still deleted.
In 2008, China's earthquake, killing hundreds of thousands of private houses
collapsed and damaged, there has been a large number of houses collapsed due to the inability to repay home loans situation. May 25 the same year, Bank of China had received China's first customer inability to repay personal loans home mortgage loan application in Guangyuan City in Sichuan. Therefore, the author based on China's new situation after the earthquake, and China's current prices are too high, the risk of asset bubbles and other economic issues. The author believe that our country now can study the problem of personal bankruptcy, and strengthen the "personal bankruptcy exemption system" supporting measures for a deeper study, for the future establishment of personal bankruptcy system for reference. The main body of this article includes five parts.
The first part of the personal bankruptcy exemption system introduced the theoretical basis, primarily to pave the way for later research. The author first defines the meaning of personal bankruptcy exemption system. Insolvent debtor in the bankruptcy proceedings, the insolvency proceedings for failing to pay off its remaining debts to pay off exempt from its responsibility. Second, the authors have personal bankruptcy exemption theory, development of the b, and pointed out that although China is still not established personal bankruptcy exemption sy