Study Of Consumer Bankruptcy Abuse The Legal System

The bankruptcy law is an important law in the market economy,while individual bankruptcy is important constituent of the bankruptcy law. Individual bankruptcy law empowers the creditor to obtain fair,effective paying off and the regeneration of the debtor.In this sense,individual bankruptcy is a resources redistributing proceeding.To obtain the fair, effective distributing result,the benefit between the creditor and the debtor should be balanced.So,consumer bankruptcy abuse should be regulated. Consumer bankruptcy abuse will be comprehensively analyzed in this paper.The author has made the following arrangement to the article structure:Chapter one,the outline the consumer bankruptcy abuse.The author will introduce the concept of consumer bankruptcy abuse,and draws out the judgement standard of consumer bankruptcy abuse,that is the benefit unbalance between the creditor and the debtor.Chapter two,the validity and necessity analysis of the regulating of consumer bankruptcy abuse.To balance the benefit between the creditor and the debtor,realize the justice of the law and ensure the equal standing of individual to participate the competition of market economy,consumer bankruptcy abuse should be regulated.Chapter three,the manifestation of consumer bankruptcy abuse.In this part,the author will summarize the manifestation of the abuse according to the different procedure of bankruptcy which the debtor filed.Chapter four,the analysis of two specific consumer bankruptcy abuse. The author will analyze bankruptcy procedure choice and luxurious consuming behavior,and then introduce the regulations.Chapter five,the suggestion to the establishing of individual bankruptcy law in China.We should focus on the benefit balance between the creditor and the debtor,and regulating the consumer bankruptcy abuse.