Research On The Construction Of Personal Insolvency Legal System In China

The bankruptcy subject in our country is limited to the enterprise legal person,the individual does not have the qualification of the bankruptcy subject,but with the continuous development of our country's social economy,the "half bankruptcy law" has been difficult to adapt to,in practice,there are many problems that are difficult to solve.China's individual bankruptcy legislation can promote the transformation of bankruptcy legislation mode,solve some problems such as "difficult to implement",excessive borrowing and policy arrangement,and speed up the integration with the international community.China has generally met the requirements of individual bankruptcy legislation in all aspects,mainly reflected in the gradual improvement of China's market economy system,the implementation of the enterprise bankruptcy law has accumulated rich experience,the civil execution field has a lot of successful reform experience,and China's personal credit system has been built and developed.At present,China should combine its own specific situation,draw lessons from other countries' personal bankruptcy law,and work out a personal bankruptcy system in line with China's social reality.It is necessary to actively but not blindly absorb the legislative achievements of the developed personal bankruptcy system,which is also an important way of our country's legal system construction.The legislative reference has higher requirements,we need to discard the dross,take the essence,and learn the excellence of the individual bankruptcy system of various countries.A number of countries have achieved remarkable results in the handling of household property,personal bankruptcy summary procedures,consumer bankruptcy procedures and electronic processing,which are worth learning from.The core of the research on the legal system of personal bankruptcy is to balance the interest relationship among the creditor,debtor and society.After careful analysis of the specific contents of creditor,debtor and social benefit security,the fair distribution mechanism of bankruptcy benefits is studied to balance the interest relationship among creditors,debtors and society,so as to promote the healthy development of market economy to the greatest extent.The system design should be flexible operation,combined with the individual bankruptcy legislation concept and legislative principles,in order to achieve a fair and efficient protection of the interests of creditors,debtors and the community and other parties to achieve the purpose,the free property system,bankruptcy exemption system and bankruptcy right recovery and other supporting systems should be reasonably set by comprehensive consideration.Therefore,it is necessary and feasible to construct the personal bankruptcy system in our country.From a prudent point of view,the introduction of personal bankruptcy law in China should avoid the transplantation of foreign experience,generally can follow the principle of "strict first,then appropriate leniency",in the application process combined with social reality,to balance the relationship between creditors,debtors and society.