Research On China's Natural Person Bankruptcy Supervision System

With the rapid development of China's economy,it has become the norm for people to go from food and clothing to high and high consumption that pay attention to the quality of life and quality of life.With the development and popularization of modern payment methods such as credit cards and mobile payments,it not only facilitates mass consumption and expenditure,but also facilitates some "advance consumption" and "super consumption".The“Bankruptcy Law of the People 's Republic of China”,which has been implemented in China,provides useful experience in legislative thinking and balanced economic development.Let natural person consumers who are unable to pay their debts,like enterprises,set market exit mechanisms and establish rules.At the same time,in order to enable natural persons to rejoin the market economy,our country should reflect on and change our current economic situation and related systems,that is,establish a natural person bankruptcy system and its supervision rules.The bankruptcy supervision system for natural persons is a private law with obvious public law features.Through the intervention of state organs,the rights of bankrupt debtors are restricted,and even the bankrupt debtors are punished at certain times.The natural person bankruptcy supervision system is an important part of the natural person bankruptcy system.In the process of promoting the natural person bankruptcy system,the natural person bankruptcy supervision system isrelated to social fairness and justice and the success or failure of the natural person bankruptcy system,because in the process of applying the natural person bankruptcy system,natural persons may "maliciously bankrupt".That is to say,a natural person borrows money from other natural persons,legal persons or other organizations as a natural person,and after creating the actual creditor's rights and debt relationships;he applies for bankruptcy after forging the illusion of bankruptcy,and how to implement the natural person bankruptcy system? How to enforce the law? This is something that cannot be ignored.In law enforcement,it is necessary to supervise bankrupt natural persons and limit unruly consumption.We should set up a minimum consumption "red line" that can only sustain our livelihood,supervise it,and use force to ensure its implementation.The establishment of the system is to protect both parties of the debt.When the debtor is unable to repay,the debtor can apply for bankruptcy according to law,can be protected by law,and the debt can be relieved.There is no need to solve the debt problem through extreme means such as suicide.Starting up will inevitably limit the life of the bankrupt and damage his reputation.On the other hand,it also guarantees the debtor's right to recover the debt.This requires us to strengthen the construction of the bankruptcy supervision system,and when dealing with bankruptcy cases,we should strengthen the review efforts to prevent malicious bankruptcy.Through the use of comparative analysis methods to analyze the differences between the object to be studied and other objects,we can better understand thenature and characteristics of the object to be studied.This paper,through horizontal comparative research on the bankruptcy of natural persons,finds beneficial experiences outside the region,so as to provide a strong basis for finding and solving problems,and based on this,we will reflect on China's resolution of such problems.On the subject of supervision,institutions similar to overseas management and supervision of bankrupts and their property should be established,mainly responsible for supervising the implementation of court judgments by natural persons and taking appropriate measures when necessary;reasonable supervision procedures should be established.The supervisory body has evidence to suspect that the "bankrupt" violates the court's judgment,adopts a certain period of time to limit the freedom of the "bankrupt",and inquires the "bankrupt" at the same time.If necessary,the "bankrupt" can explain the evidence to Presumed facts and deal with them in accordance with relevant laws;in the scope,method and content of research supervision,a “red line” of consumption that can only sustain life should be established,and network-wide supervision should be conducted by connecting with data from banks,hotels,and transportation systems,research violations The legal person's legal responsibility for the supervision system and,if necessary,penalties that are appropriate to the exemption of the bankrupt.