商自然人破产制度研究
发布时间：2019-04-27 17:46
【摘要】：一直以来我国只承认法人破产而不承认自然人破产。2004年3月提交全国人大十届二次会议审议的新破产法草案把破产法的适用对象不仅扩大到了非国有企业、合伙企业，而且还包括了商自然人(包括自然人、个体工商户、农村承包经营户和个人独资企业等)，，这不能不说是一个巨大进步。但仅仅有了立法上的确认还不够，要使这样一个商自然人破产的制度在我国社会生活和经济改革中发挥应有的作用，还应对它进行历时和共时、全面和系统的分析探讨，未雨绸缪地考察和探讨商自然人破产制度的历史渊源、价值目标、可行性意义以及具体的程序性和实体性规范，无疑是有着十分重要的意义的。 商自然人破产制度与破产法中的法人或非法人企业或组织的破产制度相比，无论是程序上还是实体上，都存在一定的差异。这些差异有些属于技术上的，有些属于理念上的。本课题拟对商自然人破产制度进行系统的理论研究和实证阐释，通过国内外的比较法考察，借鉴各相关学科的研究理论，同时运用综合分析、哲学抽象等方法开展具体研究。本选题具体论述了商自然人破产制度的法律价值目标、可行性适用、具体的适用对象及商自然人破产制度中富有特色的程序和实体问题，并稍微附带论及商自然人破产相关配套制度，包括社会保障机制、个人信用体系及储蓄实名制等等，多角度全方位地对商自然人破产制度进行较为深入的梳理、考察和总结，力图构建一套完整的商自然人破产制度，并希望能对破产法理论研究有所突破和创新。
[Abstract]:China has always recognized only the bankruptcy of legal persons but not the bankruptcy of natural persons. The new draft bankruptcy law submitted to the second session of the National people's Congress in March 2004 extended the applicable object of bankruptcy law not only to non-state-owned enterprises and partnerships, but also to non-state-owned enterprises and partnerships. It also includes commercial natural persons (including natural persons, individual industrial and commercial households, rural contractual operators and sole proprietorship enterprises, etc.), which can not but be said to be a great progress. However, it is not enough only to have legislative confirmation. In order to make such a system of bankruptcy of commercial natural persons play its due role in the social life and economic reform of our country, we should also carry on a comprehensive and systematic analysis and discussion on it in a diachronic and synchronic manner. It is undoubtedly of great significance to investigate and probe into the historical origin, value objective, feasibility significance and concrete procedural and substantive norms of the bankruptcy system of commercial natural persons in advance. There are some differences between the bankruptcy system of commercial natural person and the bankruptcy system of legal person or non-legal person enterprise or organization in bankruptcy law, both in procedure and in entity. Some of these differences are technical and some are conceptual. This subject intends to carry on the systematic theoretical research and the positive explanation to the commercial natural person bankruptcy system, through the domestic and foreign comparative law investigation, draws lessons from the research theory of each related discipline, at the same time uses the synthesis analysis, the philosophy abstract and so on the method to carry on the concrete research. This topic specifically discusses the legal value objectives, feasibility and applicability of the bankruptcy system of commercial natural persons, as well as specific applicable objects and special procedural and substantive issues in the bankruptcy system of commercial natural persons. At the same time, the related supporting system of commercial natural person bankruptcy, including social security mechanism, personal credit system and real-name system of savings and so on, is discussed a little by side, and the bankruptcy system of commercial natural person is thoroughly combed, inspected and summarized from various angles. Try to build a complete set of commercial natural person bankruptcy system, and hope to make a breakthrough and innovation in the theoretical research of bankruptcy law.
【学位授予单位】：湖南大学
【学位级别】：硕士
【学位授予年份】：2003
【分类号】：D913.99;D912.29
本文编号：2467185
[Abstract]:China has always recognized only the bankruptcy of legal persons but not the bankruptcy of natural persons. The new draft bankruptcy law submitted to the second session of the National people's Congress in March 2004 extended the applicable object of bankruptcy law not only to non-state-owned enterprises and partnerships, but also to non-state-owned enterprises and partnerships. It also includes commercial natural persons (including natural persons, individual industrial and commercial households, rural contractual operators and sole proprietorship enterprises, etc.), which can not but be said to be a great progress. However, it is not enough only to have legislative confirmation. In order to make such a system of bankruptcy of commercial natural persons play its due role in the social life and economic reform of our country, we should also carry on a comprehensive and systematic analysis and discussion on it in a diachronic and synchronic manner. It is undoubtedly of great significance to investigate and probe into the historical origin, value objective, feasibility significance and concrete procedural and substantive norms of the bankruptcy system of commercial natural persons in advance. There are some differences between the bankruptcy system of commercial natural person and the bankruptcy system of legal person or non-legal person enterprise or organization in bankruptcy law, both in procedure and in entity. Some of these differences are technical and some are conceptual. This subject intends to carry on the systematic theoretical research and the positive explanation to the commercial natural person bankruptcy system, through the domestic and foreign comparative law investigation, draws lessons from the research theory of each related discipline, at the same time uses the synthesis analysis, the philosophy abstract and so on the method to carry on the concrete research. This topic specifically discusses the legal value objectives, feasibility and applicability of the bankruptcy system of commercial natural persons, as well as specific applicable objects and special procedural and substantive issues in the bankruptcy system of commercial natural persons. At the same time, the related supporting system of commercial natural person bankruptcy, including social security mechanism, personal credit system and real-name system of savings and so on, is discussed a little by side, and the bankruptcy system of commercial natural person is thoroughly combed, inspected and summarized from various angles. Try to build a complete set of commercial natural person bankruptcy system, and hope to make a breakthrough and innovation in the theoretical research of bankruptcy law.
【学位授予单位】：湖南大学
【学位级别】：硕士
【学位授予年份】：2003
【分类号】：D913.99;D912.29
【引证文献】
相关硕士学位论文 前1条
1 宫云;合伙企业破产若干法律问题研究[D];华东政法学院;2006年
本文编号：2467185
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