On Bankruotcy Law System Of Individuals

Personal bankruptcy system is the basic way to solve personal debt disputes.The current "difficult to implement" problems and private lending risks in China are all related to personal debt disputes.There are many small and medium-sized enterprises in China,such as partnerships,self-employed enterprises and sole proprietorship enterprises,where"people and enterprises are inseparable".Many individuals borrow for the sake of enterprise operation,resulting in the inability to repay loans In this case,the individual debtor will bear a huge amount of debt that does not match its assets,thus facing the situation of being forced by the creditor.The lack of personal bankruptcy system makes the problems in the judicial practice of our country can not be solved,which has an impact on the future economic development of our country and the integration with the international economy.Through the analysis of the necessity and obstacles of the establishment of personal bankruptcy,this paper aims to propose solutions to the legislative obstacles of "traditional thought" and moral hazard faced in the legislation,focusing on the establishment of the three systems of personal bankruptcy,namely,free property,bankruptcy exemption and right recovery from loss,combined with the comparative study of foreign legislation and the first case study of personal bankruptcy in judicial practice,This paper puts forward suggestions on the determination of the legislative mode and scope of the system of free property in personal bankruptcy,the application subject of the system of exemption from bankruptcy and its solution to the legislative obstacles,and the establishment of the scope effect of the system of restoration of lost rights.In order to realize the legislative purpose of promoting development and solving risks of personal bankruptcy,it is necessary to integrate the characteristic systems of free property,bankruptcy exemption,loss of rights and recovery rights,so as to encourage debtors to start anew,protect their basic living rights,reduce the loss of interests,and maintain social stability and promote market development.