The Construction Of Personal Bankruptcy System From The Perspective Of Difficult Enforcement

The existence of difficult enforcement has become a major problem in the judicial system of China,which not only makes the rights of creditors difficult to realize,but also damages the basic rights of debtors and the judicial credibility.Through the deconstruction and analysis of the existing execution system,it can be concluded that the root of the execution difficulty lies in the debtor's inability to pay off debts due to the reasons of realistic conditions,and the absence of the debt exit path leads to that the debtor can't get rid of the shackles of the execution procedure before the debt is paid off,so that part of the execution cases can only go into the"dead end" and can't be solved,and finally the execution difficulty problem is formed.Therefore,the establishment of personal bankruptcy system is an effective way to alleviate the difficulty of implementation.On the one hand,the introduction of personal bankruptcy law can provide an exit path for the insolvent good faith debtor.On the other hand,the introduction of personal bankruptcy law can also play a role in promoting the implementation process more smoothly due to its own characteristics.However,at this stage,the relevant legislation of personal bankruptcy is still blank.Through the analysis of the current situation,causes and harms of the difficult enforcement,this paper demonstrates the far-reaching significance of the establishment of personal bankruptcy law to our country from the necessity.And through the analysis and reference of the relevant laws outside the country,from the macro perspective,this paper discusses the legislative style and legislative model of the personal bankruptcy law,and proves that it is more suitable for our country to combine the personal bankruptcy law and the enterprise bankruptcy law into the bankruptcy law.At the same time,it is more in line with the legislative trend and China's national conditions to define the object of personal bankruptcy law as the legislative mode of ordinary natural person.From the perspective of specific rules construction,it puts forward the idea of establishment of multi-level personal bankruptcy procedure,the connection procedure of implementing personal bankruptcy,the cancellation procedure of pre-breaking behavior,the personal bankruptcy administrator,the legal responsibility of false bankruptcy behavior and other systems,etc.