我国的破产立法应建立自然人破产制度

破产是市场竞争的必然结果,而我国现行有关破产的法律规定中关于破产主体的规定难以适应市场经济发展的需要,所以,应该扩大破产主体的范围,建立自然人破产制度.从自然人破产的国外立法比较中可以看出,自然人破产制度的存在具有可能性和必要性,同时也应相应建立自然人破产的危险防范制度.

China Should Establish the System of Natural Person Bankruptcy in Her Bankruptcy Law

Bankruptcy is the inexorable result of market competition. The stipulation of the main body of bankruptcy provided in China's present bankruptcy law is hard to meet the needs of the development of market economy. Therefore it is necessary to extend the scope of the main body of bankruptcy, and establish the system of natural person bankruptcy. It can be seen from the laws of foreign countries concerning natural person bankruptcy that there really exist possibility and necessity for the existence of the system of natural person bankruptcy. Meanwhile, it is also necessary to establish corresponding systems for preventing the risk of the bankruptcy of natural persons.