Research on the Consumer Bankruptcy Cases and legislative Consideration

1983年以来，日本破产法发生了具有特色的变化；申请破产申请的人数出现了惊人的增长，这是由于目前日本社会普遍存在的贷款信用造成的。大多数破产案件是由几乎没有资产的消费者提出的。他的请愿书的唯一目的是获得解除他对许多贷款公司的义务的决定。继美国《破产法》之后，日本《破产法》规定了解除责任。但是1952年改革法案的立法者并没有像你现在看到的这样的前景。因此，这些规定不仅在理论依据上存在诸多问题，而且在实际处理上也存在诸多问题。在本项目中，笔者将通过对美国破产史和德国破产法改革的比较研究来阐明日本破产制度的这些困难。

Since 1983 we have experienced characteristic change in japanese Bankruptcy Law; there was a incredible increase in number of filing the Bankruptcy petition which was caused by the current prevailing of the loan credit in japanese society. Most of the Bankruptcy cases are filed by the consumer who has almost no assets.The only purpose of his petition is to obtain a decision of discharge from his obligation to many loan companies. Japanese Bankruptcy Code provides Discharge following the American Bankruptcy Code. But the law maker of the reform act in 1952 did not have such a prospect as you can see now. Therefore there are many problems not only in theoretical bases, but also in the practical treatment of these provisions. In this project I would like to clarify these dificulties in japanese Bankruptcy-system from comparative study of American Bankruptcy history and recent reform act in German Insolvency Law.