Study On Personal Bankruptcy Exemption

Theoretically, a bankrupt of legal personal system is the outspread of a personal bankruptcy system. In fact, countries who has a good personal bankruptcy system, generally have first personal bankruptcy system before a bankrupt legal person system. And in China, bankrupt legal person system has promulgated by the implementation of bankruptcy law. However, "personal bankruptcy law" does not come. In the 2004 "bankruptcy law (draft)", the first article of the"170"personal bankruptcy has been provisioned. But eventually in 2006 the introduction of the "bankruptcy law is still deleted.In 2008, China's earthquake, killing hundreds of thousands of private houses collapsed and damaged, there has been a large number of houses collapsed due to the inability to repay home loans situation. May 25 the same year, Bank of China had received China's first customer inability to repay personal loans home mortgage loan application in Guangyuan City in Sichuan. Therefore, the author based on China's new situation after the earthquake, and China's current prices are too high, the risk of asset bubbles and other economic issues. The author believe that our country now can study the problem of personal bankruptcy, and strengthen the "personal bankruptcy exemption system" supporting measures for a deeper study, for the future establishment of personal bankruptcy system for reference. The main body of this article includes five parts.The first part of the personal bankruptcy exemption system introduced the theoretical basis, primarily to pave the way for later research. The author first defines the meaning of personal bankruptcy exemption system. Insolvent debtor in the bankruptcy proceedings, the insolvency proceedings for failing to pay off its remaining debts to pay off exempt from its responsibility. Second, the authors have personal bankruptcy exemption theory, development of the vertical comb, and pointed out that although China is still not established personal bankruptcy exemption system, but it is in our history there have been very real. Then the author focuses on the advanced concepts of personal bankruptcy of the exemption system, and come to the conclusion that it will promote the economic development.The second part will examine the perspective of foreign and Taiwan region invest in the personal bankruptcy exemption system. Since China is currently no system of personal bankruptcy exemption, the author of the internationally existing different models of personal bankruptcy exemption, conditions, effectiveness, etc. straighten out the specific system. And through the horizontal analysis and comparison, the author summarizes the different countries of the advantages and disadvantages of personal bankruptcy system. In this section, the author tries to draw on the experience of other regions, for the last part of the building for exemption of the personal bankruptcy system provides guidance.The third part of the content is for the first two parts of the study concluded. We should depend on our current situation, and establish personal bankruptcy exemption system. The development of China's market economy has been many, such as excessive growth of consumer credit and other problems can not be adjusted themselves to the urgent need for the introduction of personal bankruptcy law. The development of China's market economy has been many, such as excessive growth of consumer credit and other problems which can not be adjusted themselves to the urgent need for the introduction of personal bankruptcy law. The personal bankruptcy exemption system , as the core content and the necessary conditions of personal bankruptcy law ,will determine whether the introduction of the personal bankruptcy law, and when introduced. In addition,, the personal bankruptcy exemption system is benefit to create a market with fair environment . While in most developed countries have established personal bankruptcy exemption, the development of personal bankruptcy exemption system is conducive to the realization of China's integration with the international community.The fourth part of the content is the difficulties that we encounter in how to establish China's current system of personal bankruptcy exemption. The main reason is that most people still difficult to accept the disclaimer which is conflict with the traditional concept. Second, there are many faults between the personal bankruptcy exemption system and the legal systems in our current law, which makes the content or epitaxial of some conception vague. Problems of confliction on the law applicable are arising. In addition, the personal credit and other supporting systems was afraid of making the current development of imperfect apply to all personal bankruptcy exemption system.The fifth part of the content is proposed learn and absorb foreign advanced countries enacting the law of personal insolvency experience. Focus on our present special conditions of our country, the author try to develop a personal bankruptcy law personal bankruptcy exemption system which provide support for the Personal bankruptcy law with Chinese characteristics. It provide a new chance to start for the honest but unfortunate debtor by improve the design of personal bankruptcy exemption specific system and some related measures, which finally promote the developments of social and economic...