Research Of Disqualification And Rehabilitation System Of Personal Debt Liquidation

The modern legal system macroscopically stipulates the rules,procedures,and basic ethics to be followed by individual behaviors in pursuit of wealth or maximization of personal utility.In the fact that the bankruptcy liquidation system cannot pay off due debts,it regulates the operation of the economy macroscopically.At the same time,on the micro level,the legal status of debtors and creditors is determined through the specific allocation of rights and obligations.In addition to satisfying the needs of the creditor's fair compensation,the Personal bankruptcy liquidation system should objectively have the necessary rescue and relief functions for the debtor to form a healthy financial crisis management mechanism and an orderly market withdrawal mechanism.Personal debt liquidation is the origin and intent of the debt liquidation system.However,our country only stipulates the corporate debt liquidation system.Obviously,the debt liquidation system has always been in an imperfect state.On the other hand,the contradiction is that the Chinese society is more open.The increase in personal wealth and property,the acceleration of economic mobility,and the viability of economic activity are strong.If there is no matching legal system,especially the personal debt liquidation system,then the market economy and commercial transactions will lack a standardized institutional basis and become a rootless tree.The system of disqualification and rehabilitation is the foundation role of the personal debt liquidation system,and it is also the core concept of personal debt liquidation and the converter of the distribution of rights and obligations.The so-called disqualification for bankruptcy refers to the restriction of rights,which may be either personal rights or civil acts.The rehabilitation of a bankrupt's right is the restoration of the disqualification for bankruptcy and the restoration of the state of individual's full rights.How to combine the reality of China and introduce the system of disqualification and rehabilitation in the liquidation of personal debt is a problem that needs urgent discussion and solution.This article is divided into three parts for discussion:The first part-Problem-orientation,sorts out the reality of personal bankruptcy liquidation in our country.Using the latest judicial judgment documents as research materials,anatomical analysis of typical cases was conducted to clarify the problems existing in the current state of personal bankruptcy liquidation in the absence of institutional norms.For example,on alternatives,the phenomenon of personal bankruptcy liquidation cannot be blocked in social life.Can the social contradictions that can occur be replaced by the existing enforcement system? Can the company only provide for bankruptcy liquidation in the bankruptcy field and also guarantee China? The healthy development of the economyThe second part-Theoretical analysis,discuss the key issues in the first part and seek theoretical solutions.Behind some sharp economic contradictions is the collision of various doctrines,ideas,and experiences.How to choose between these collisions is an interesting and inevitable path.For example,is it necessary to wait until the maturity of the credit system before introducing the disqualification and rehabilitation of the personal bankruptcy system? Or is the disqualification and rehabilitation the indispensable part of the development of the personal credit system? Is the individual's bankruptcy ability a general bankruptcy ability or a loss-sharing ability? These problems are closely related to the theoretical disputes behind the system of disqualification and rehabilitation of personal bankruptcy.The third part-Perfecting the proposal,the main solution is the process of returning part of the problem to the overall problem.After deciding on the answers to each specific question,we will find that it is necessary to make adjustments or even make compromises in the current legal system.There is always a gap between the theoretical assumptions and the status quo of the legal system,it is necessary to actively make up for this gap so that the results of the discussions can be applied to practice.The overall development of the legal system should be coordinated,the final solution to the specific issues must be returned to the reality system,even some problems can only be handled or understood with temporary means.Haste makes waste.