On The Scope Of Free Property In Natural Person Bankruptcy System

The natural person bankruptcy after the start of the program,all of the property as a general principle of program execution on the debtor's bankruptcy administrator should be handed over to the price distribution,fair repay creditors.However,the purpose of the establishment of the modern natural person bankruptcy system is not to punish the bankrupt debtor who can not pay off all the creditor's rights.Therefore,even if the debtor can not be deprived of all their property,must be given to ensure that they maintain a certain standard of living property.In order to achieve this goal,in the process of natural person bankruptcy,the system of "free property" was established.The property contained in the free property system does not belong to the bankrupt property allocated by the creditors,and has the right to dispose of the property.The free property system is one of the core of the bankruptcy system of natural person,although China has not yet established a natural person bankruptcy system,but with the increasing development of market economy,the establishment of social credit system,the establishment of the natural person bankruptcy system continues to mature conditions.The advanced theory can give practical activities to guide the direction,and the current domestic scholars on the free property system discussed in this paper is less,scope of the free property system problems are studied,in order to formulate relevant laws and regulations of our country can learn from the case.This paper is divided into seven parts:The first part is an overview of free property.It mainly introduces the meaning of free property and the significance of the existence of the free property system.The second part describes the basic principles of determining the scope of free property legislation.It includes the principle of protecting the debtor and the right of subsistence of the debtor,the principle of protecting the debtor's right to development,the principle of ensuring the spiritual life of the debtor and his dependent person,the principle of moderation and the principle of timely adjustment.The right to subsistence and the right to development is the basic content of human rights.The principle of moderation is the level of protection and the rights of survival and development of the debtor's time to moderate,the primary purpose of the bankruptcy system of natural person is still the creditor fair and orderly liquidation,if the scope is too broad free property will not only excessive damage to the rights of creditors,but also makes the debtor in the economic life lost vigilance,stability is not conducive to the development of social economic order.On the contrary,if the scope of the free property is too narrow,it can not guarantee the survival and development rights of the debtor and its dependents,which is contrary to the original intention of the establishment of the free property system.And we should pay attention to the protection of the right to subsistence and development is temporary,the same time will lead to excessive damage to the interests of creditors.The scope of the free property is closely related to the specific social and economic environment of the bankrupt,so it is necessary to have some flexibility and adjust it in time,so as to better realize the function of the free property system.The third part discusses the legislative way to determine the scope of free property.Looking at the laws and regulations of all countries,almost all kinds of free property.But this list can be divided into three different legislative modes:freedom of setting the value of the property,the upper limit of the total for all kinds of free property are respectively set value of the upper limit of way,only to limit the number of set value or part of the property types.Because of China's vast territory,and the situation of economic development between regions is unbalanced,the set value of the upper limit of the cut "way is extremely easy to cause the imbalance of interests,so the scope of our free property third only to limit the number of set value or part type,other types of property to set an invisible ceiling it is suitable to the" necessary "of this kind of soft and flexible way of defining.The fourth part discusses the impact of China's national conditions on the free property system,mainly discusses the development of social economic situation and social security system in two aspects.First of all,this paper compares the data of household durable goods in the 3 years of Chinese Statistical Yearbook for up to 30 years.It can be seen from the changes in the number and variety of goods:in determining the scope of free property,we must take into account the specific situation of our country's living standards,consumption situation.Secondly,combined with the development level of foreign social security system and social security system in china.China's minimum living security level is at a low level in the world,and in a relatively long period of time can not reach the level of protection,such as northern Europe,Japan and other countries.In this case,China's free property system in the provisions of the protection of the right to life should be combined with the reality of our country,the appropriate relaxation of standards,in order to truly realize the protection of the free property system.The fifth part is the key part of this paper,mainly about the specific content of free property and the standard of dividing the boundary.If a system is not operational,it is difficult to play its role.Therefore,the author combined with China's national.conditions and the social security system,through the comparison with the typicalforeign legislation analysis,criteria for the classification of specific content and limits on China's future legislation of natural person bankruptcy system in the free property system put forward the idea.The sixth part of the main discussion is about the scope of the free property of somespecial property ownership issues,including the three types of property:after the start of the bankruptcy proceedings,the new property,housing and animals,etc..The seventh part discusses the impact on the behavior of free property,including the conflict between the free property and the right of security,the question of whether the voluntary property can be used to pay off the creditor's rights.This paper mainly uses the bankruptcy law,civil procedure law,constitution and other disciplines of knowledge,learn from the mature legislative and judicial experience of other countries and regions,and fully combined with the basic national conditions and the social security system of our country,focus on the legal system of transplantation and localization of the combination,hope for the future of China's natural person bankruptcy legislation provide constructive suggestions.