论我国建立自然人破产制度的必要性与可行性

破产能力是指有破产原因的债务人具有的法律上为破产程序之进行的资格。自然人破产是破产制度的基础和起点,正是在此基础上才产生了其他主体的破产制度。目前世界上许多国家赋予了自然人破产能力,我国尚未赋予自然人破产能力,而我国现已具备了建立自然人破产制度的现实基础。本文对我国赋予自然人破产能力的必要性与可行性予以探讨。

On the Necessity and Possibility in Establishing the System of Personal Bankruptcy

Capacity of bankruptcy refers to the qualification of a bankruptcy-needing debtor in legally permitted procedure. Personal bankruptcy is the foundation as well as the starting point of bankruptcy system, according to which developed other regulations of bankruptcy. At present, many countries in the world have entitled the capacity of bankruptcy to individual while China has not kept in pace with this. However, China has possessed the qualification in building such a system. The thesis shall discuss the necessity and possibility in building the system of personal capacity in bankruptcy.