On The Definition Of The Bankruptcy Property Of Natural Person

With the development of economy,many people get into debt deadlock due to business failure,excessive consumption and other reasons,which cannot be solved by relying on the existing civil execution system.Therefore,it is urgent for China to establish the bankruptcy system of natural person to alleviate social conflicts and maintain the stable development of social economy.And property is the basic element of natural person bankruptcy.The bankruptcy property of natural person is the core of bankruptcy distribution.Therefore,this paper studies the scope of bankruptcy property of natural person,hoping to provide help for the construction of bankruptcy system of natural person in China.This paper mainly discusses the scope of natural person's bankruptcy property.Logically,according to the order of bankruptcy procedure,it first discusses the property of natural person at the beginning of bankruptcy.On this basis,it discusses the scope of bankruptcy property and exempted property.It's an either-or relationship.The ultimate goal is to determine the scope of bankruptcy property of natural person.Chapter two firstly makes clear that the natural person's bankruptcy property refers to the property that can be distributed according to the bankruptcy procedure after the exemption property is removed from the natural person's property.Then the discussion is carried out according to the above logic,and through the study of literature and the comparative study of relevant provisions in foreign countries,the author puts forward his own legislative thinking.In view of the randomness,serious confusion with family property and easy concealment of personal property in China,this paper puts forward the principle of expanding the scope of investigation,and identifies the scope of natural person's property with the help of other systems.On the basis of the classification of bankruptcy property and exemption property,it is believed that the main legislation in China should still be inclined to protect the interests of creditors,adopt inflation for bankruptcy property,and establish a more severe system of bankruptcy revocation right to recover bankruptcy property.Then discuss the scope of exemption property,that is,determine the scope of natural person's bankruptcy property from the reverse.As for the scope of the exempted property,there are mainly the following considerations: first,the exempted property must be sufficient to guarantee the basic survival and developmentof the debtor and his dependent family members,but it must be moderate.At the same time,social living standards and individual differences should be considered,and there should be some flexibility.Secondly,the legislation should adopt a combination of summary and enumeration,and determine the scope of exempted property from the two aspects of the type and value of property,so as to facilitate the flexible operation of exempted property in practice.Third,how to set value limits when the general composition of the exempted property has been largely fixed.This paper proposes to determine the practical value of the property to the bankrupt and its liquidation value.In addition,this paper also puts forward the concrete conception of the law,hoping to be helpful to the legislation of our country in the future.