我国自然人破产制度研究
发布时间：2018-08-05 13:03
【摘要】：自然人破产制度历来是世界各国破产制度的重要组成部分。纵观世界破产法的整体发展趋势，多数国家都制定了自然人破产制度。而长久以来，我国的自然人破产制度却一直处在空白状态。随着我国市场经济的逐步发展和完善，自然人对于社会经济生活的参与度也会逐步上升。为了使陷入过度负债状态的自然人及其债权人的合法利益有所保障，加快我国现代破产制度体系上的完整化和制度上的国际化转变，应当在适应我国基本社会现实的基础上，尽快建立一个科学完善的自然人破产制度。 本文在第一章首先介绍了自然人破产制度的历史渊源和基本概念。在第二章对于各国的自然人破产制度进行了研究。在第三章，本文主要阐述了构建我国的自然人破产制度的必要性。第四章首先对传统观点中所持的自然人破产制度的立法困境进行了剖析，反驳了传统观念中反对我国自然人破产制度构建的理论；其次对于自然人破产制度的立法可行性进行了分析。有以上几章理论阐述的基础，，在第五章本文将重点转向了自然人破产制度的制度构建，对于自然人破产制度和相关辅助制度的设计提出了自己的意见。
[Abstract]:The bankruptcy system of natural person has always been an important part of bankruptcy system in various countries of the world. Looking at the overall development trend of the world bankruptcy law, most countries have formulated the bankruptcy system of natural persons. For a long time, China's natural person bankruptcy system has been in a blank state. With the gradual development and perfection of market economy in our country, the participation of natural persons in social and economic life will rise gradually. In order to guarantee the legitimate interests of natural persons and their creditors who fall into excessive debt state, and to accelerate the integration of the modern bankruptcy system and the internationalization of the system, we should adapt to the basic social reality of our country. Establish a scientific and perfect natural person bankruptcy system as soon as possible. In the first chapter, the author introduces the historical origin and basic concept of natural person bankruptcy system. In the second chapter, the bankruptcy system of natural person in various countries is studied. In the third chapter, this paper mainly expounds the necessity of constructing the bankruptcy system of natural person in our country. The fourth chapter firstly analyzes the legislative dilemma of the natural person bankruptcy system held in the traditional view, and refutes the traditional theory of opposing the construction of the natural person bankruptcy system in our country. Secondly, the legislative feasibility of natural person bankruptcy system is analyzed. In the fifth chapter, the author focuses on the system construction of natural person bankruptcy system, and puts forward his own opinions on the design of natural person bankruptcy system and related auxiliary system.
【学位授予单位】：山东财经大学
【学位级别】：硕士
【学位授予年份】：2012
【分类号】：D922.291.92
本文编号：2165879
[Abstract]:The bankruptcy system of natural person has always been an important part of bankruptcy system in various countries of the world. Looking at the overall development trend of the world bankruptcy law, most countries have formulated the bankruptcy system of natural persons. For a long time, China's natural person bankruptcy system has been in a blank state. With the gradual development and perfection of market economy in our country, the participation of natural persons in social and economic life will rise gradually. In order to guarantee the legitimate interests of natural persons and their creditors who fall into excessive debt state, and to accelerate the integration of the modern bankruptcy system and the internationalization of the system, we should adapt to the basic social reality of our country. Establish a scientific and perfect natural person bankruptcy system as soon as possible. In the first chapter, the author introduces the historical origin and basic concept of natural person bankruptcy system. In the second chapter, the bankruptcy system of natural person in various countries is studied. In the third chapter, this paper mainly expounds the necessity of constructing the bankruptcy system of natural person in our country. The fourth chapter firstly analyzes the legislative dilemma of the natural person bankruptcy system held in the traditional view, and refutes the traditional theory of opposing the construction of the natural person bankruptcy system in our country. Secondly, the legislative feasibility of natural person bankruptcy system is analyzed. In the fifth chapter, the author focuses on the system construction of natural person bankruptcy system, and puts forward his own opinions on the design of natural person bankruptcy system and related auxiliary system.
【学位授予单位】：山东财经大学
【学位级别】：硕士
【学位授予年份】：2012
【分类号】：D922.291.92
【参考文献】
相关期刊论文 前3条
1 曹兴权;;雾里看花:自然人破产之争[J];河北法学;2006年04期
2 郭兴利;;赋予个人破产能力:观念变革与国际惯例的双重视野[J];求索;2008年11期
3 贺航洲;;论法律移植与经济法制建设[J];中国法学;1992年05期
本文编号：2165879
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