论商自然人的范围及其破产能力

自然人破产是市场经济环境下一个不容回避的问题,但我国尚未赋予自然人破产能力,赋予商自然人破产能力是维护我国企业法和企业破产法统一协调的需要,也是我国破产立法的趋势。商自然人的界定是商法的基础理论问题。我国商自然人的表现形式多样,破产能力也不能一概而论。

On the Scope of Business Natural Person and Its Bankruptcy Ability

Bankruptcy of natural person is a problem which cannot be avoided under the environment of market economy, but person is not entitled bankruptcy ability in our country. Giving business natural person banleruptcy ability is necessary for keeping the coordination between the enterprise law and the enterprise banleruptcy law in china. It is also the trend of banleruptcy legislation. The defination of business natural person is the basic theoretical point in commercial law. Bankruptcy ability cannot be regareled in the sameway because of the different forms of the business natural persons.