Research On The System Of Free Property In Personal Bankruptcy System

The system of free property exists in the personal bankruptcy system,which has become an important part of the personal bankruptcy system in many developed countries and plays an irreplaceable role.The personal bankruptcy system is different from the ordinary bankruptcy system.The personal bankruptcy system must protect the basic rights of the debtor as a person,which can be provided by the free property system,which is the basis of the personal bankruptcy system.With the existence of the free property system,the debtor can maintain the basic survival during the personal bankruptcy,and obtain the possibility of development,and the creditor can also get the same Fair compensation.Although personal bankruptcy system is also mentioned in the construction of bankruptcy legal system in China,it has not been established.With the development of social economy,relevant departments in China also realize the necessity of building personal bankruptcy system.Therefore,on June22,2019,multiple departments jointly issued the reform plan for speeding up the improvement of market subject exit system,which makes it clear that China is about to build Establish personal bankruptcy system.As the basis of personal bankruptcy system,the free property system has its necessity of existence.The free property system should also be constructed with the construction of personal bankruptcy system.This paper studies the advanced free property system of the main countries and regions in the world by using the historical analysis and comparative research methods,analyzes the necessity of the free property system in the personal bankruptcy system by using the value analysis method,and puts forward suggestions for the construction of the free property system in the personal bankruptcy system in China.This paper consists of five parts,the main contents are as follows:The first part is the introduction,mainly including the research background and significance,the research status at home and abroad,the main research methods and innovation points,focusing on the significance of this paper;The second part is an overview of the free property system in the personal bankruptcy system.It mainly analyzes the core of the free property system,that is,the free property,analyzes the concept and characteristics of the free property in detail,and analyzes the similarities and differences between the free property and the similar property by using the comparative research method,and then sorts out and analyzes the historical changes of the free property system by using the historical analysis method;The third part is to analyze the system of free property in the personal bankruptcy system of foreign countries or regions.Through comparative study and value analysis,this paper makes a deep research on the system of free property in different countries or regions,and summarizes its similarities,differences,advantages and disadvantages;The fourth part is to analyze the necessity of the free property system in the personal bankruptcy system.Firstly,the necessity is to be able to define the scope of the free property in the personal bankruptcy system.The determination of the scope is very important,because only when the scope of the free property is determined,can the individual successfully apply the personal bankruptcy system during the bankruptcy period and get effective relief.Secondly,it can protect the interests of both creditors and debtors.Win-win is the greatest advantage brought by the free property system.Finally,it can protect the common interests of the whole society;The fifth part is the construction of the free property system in the personal bankruptcy system of our country.The first is the basic principle.Our country should take the protection of the debtor's basic interests as the basic principle.The second is to use the enumeration method to determine the scope of the free property.The second is about the damage to the free property and the way to deal with it.The last is the related procedure of the free property system.