Free Property Systems In The System Of Personal Bankruptcy

Exempt property system exists not only in general bankruptcy in the country's legislation system, also existed in the legislation businessman bankrupt country. Not because of the general bankruptcy by legislation include all persons, and the society which adopts businessman bankruptcy also have a lot of business person to be bankrupted. Regardless of person bankruptcy or business bankruptcy commonly exist the person's survival and development, establishing the system of exempt property is necessary. Although many countries have provided personal bankruptcy system, but most of the national property system for free, and especially studies in civil law countries, often lack of bankruptcy. In China the bankruptcy of the regulations, civil procedure for unenforceable property is only two paragraphs, it reveals that in some degree the confusion in bankruptcy practice. With the developing of market economy in China, personal bankruptcy is inevitable problems, so studying the exempt property not only in legislation but also in practice has a positive significance.Our current bankruptcy law does not apply to individual, so the exempt property system is lacked of. Our country' s civil procedure law execution procedures are only two terms: the 222 and 223 for raising families living necessary expenses and reserve necessaries of life. Along with market economy, the gradual improvement and development of personal bankruptcy system is assured, its core is reflected in the regulations on property scope free. How to determine our exempt property in the scope, is relate to our personal bankruptcy system which can stand up for the debtee' s rights, and maintain the debtor' s human right. So this problem should be getting attention and research.This article attempts to free property system, a comprehensive study on the connotation, free free property of property, the scope of property, free of the property of the relevant procedures for China's comparative analysis, the liberal property legislation proposals.