Exploration Of The Problems Of Cases Which Can Not Be Implemented Objectively

The successful implementation of civil enforcement proceedings can apply for the right holders, in addition to external factors, the key is to look at is whether the applicant for the property settlement, that is, objectively speaking, whether debt capacity. But in the current judicial practice, it was within the Court's statistics, about 30% to 40% or more of the implementation in the case, the debtor has no property, debts, in fact is more dead than alive, in fact, bankrupt state. Objective the implementation of the existing solution methods can not be the case there are problems, so this paper, critical analysis of the implementation of the current suspension of the implementation of the end of claims voucher system,implementation of the relief fund system, the use of comparative method outlined personal bankruptcy system in the The development and status of Western developed countries, demonstrating the personal bankruptcy system in the implementation of the objective can not be applied in cases of necessity and feasibility. Advocated the adoption of the implementation of the insolvency system to resolve the objective can not be the case, because in our country can not be involved in the implementation of business cases of the objective has been the system of existing bankruptcy laws, so this paper focused on the use of personal bankruptcy system to resolve the cases of the objective can not be implemented.This article about more than 30000 words, is divided into five parts.The first part describes the objective and the implementation of the concept can not be the case, characteristics, types, introduced the objective the implementation of the identification process can not be the case, closed standards, and can not be objective and the implementation of the main reasons for the existence of cases analyzed.The second part of the implementation of the objective can not be cases of some of the existing solutions, such as the implementation of the suspension of the implementation of the end of claims voucher system, implementation of the relief fund system, analyzed criticism.The third section describes the origins of personal insolvency regime, foreign status, as well as personal bankruptcies in our country the necessity and feasibility of the system.The fourth section presents the objective can not be implemented in cases of personal bankruptcy regime introduced a number of shallow ideas, mainly introduced in the implementation of the objective can not be set in cases of personal bankruptcy procedural requirements, such as: reasons for bankruptcy, personal bankruptcy application, bankruptcy jurisdiction and admissible, bankruptcy obstacles. Then they introduced the personal bankruptcy of the entity provisions, such as: freedom of property regime, the right personality and the complex system of bankruptcy, insolvency ineffective behavior and withdrawal rights system. Finally, set up a simple system of personal bankruptcy procedures were introduced.The implementation of Part V of the objective can not be cases of possible problems and countermeasures to be taken briefly. Mainly taking into account the actual situation in our country for the implementation of the objective can not be the case involved questions of farmers, it is recommended to the farmers out of the bankrupt, the Bankruptcy Ordinance drafted by the legislative branch, in the developed regions, the pilot, when the conditions are then implemented throughout the country. Personal insolvency regime brought to the bankrupt may have displacement, social instability, I propose we should vigorously develop the social security system. Against the insolvency system is likely to be some of the debtor's malicious avoiding the debt instrument, the author recommended a sound system of bankruptcy crimes, do not give a malicious avoiding the debt of the debtor to any opportunity.