Research on the Procedure Construction of China’s Personal Bankruptcy System
DOI:
https://doi.org/10.54691/bcpbm.v38i.4150Keywords:
Pre-court reconciliation; Exit mechanism; Individual bankruptcy; Liquidation.Abstract
Nowadays, the establishment of a nationwide personal bankruptcy system as soon as possible has been a unified view in academic circles. However, the specific setup of this system and the connection and interaction of various supporting systems are still hot issues of academic controversy. From the initial exploration to the continuous prosperity of the local pilot works, the rich pilot experience provides a practical basis for theoretical research. At the same time, new reform trends and changes have emerged in the international frontier legislation. Therefore, this research attempts to give suggestions for the procedural design of the establishment of a national personal bankruptcy legal system in China. Drawing on new experiences and new models domestic and abroad, the selection of personal bankruptcy procedures should adhere to liquidation as the criterion, and attach importance to the role of reorganization, as well as maintain the stability of social and economic order and promote the development and improvement of the legal system.
Downloads
References
Yao Jianzong. A Brief Discussion on the Value of Law and the Most Fundamental Value of Socialist Law in China. Hebei Jurisprudence, 1991(03): 5-8.
Zheng Zheng,Chang An. The value reinterpretation of law in the context of the new era and its governance enlightenment. Journal of Zhejiang Gongshang University, 2021(03).
Pei Cangling. Procedural Axiology. Hebei Jurisprudence, 2011, 29(12): 56-65.
Liu Jing. A Discussion on the Structural Changes of Contemporary Personal Bankruptcy Procedures. Journal of Southwest University for Nationalities (Humanities and Social Sciences Edition), 2011, 32(04): 108-113.
Yin Huifen. The Practical Basis and Basic Concept of Personal Bankruptcy Legislation. Application of Law, 2019(11): 69-76.
Liu Bing. On the Construction of China's Personal Bankruptcy System. Chinese Journal of Law, 2019 (04): 223-24.
Euro Jet. On the Chinese Logic of Personal Bankruptcy Construction: The Boundary between Bankruptcy and Debt Forgiveness. Shandong Social Sciences, 2020(03): 74-80.
Chairman Nadler. Warren and Nadler Introduce the Consumer Bankruptcy Reform Act of 2020.
Wang Lingfang. The Enlightenment of the EU Preventive Reorganization Framework Directive on the Rescue of Chinese Enterprises. Legal Daily Global Rule of Law, Beijing, 2001, (06).
Xu Defeng. On the Exemption System of Personal Bankruptcy. Chinese and Foreign Jurisprudence, 2011, 23(04): 742-757.
Xu Yangguang. Personal Bankruptcy and Debt Liquidation System in the United Kingdom, Beijing, Law Publishing, 2020, 80.
Bai Tiantian. Disputes and Choices in Personal Bankruptcy Legislation: A Case Study of the Regulations on Personal Bankruptcy in Shenzhen Special Economic Zone. Journal of Chinese University, 2021, 35(05): 1-16.
Bai Tiantian. Disputes and Choices in Personal Bankruptcy Legislation: A Case Study of the Regulations on Personal Bankruptcy in Shenzhen Special Economic Zone. Journal of Chinese University, 2021, 35(05): 1-16.






