Study On The Exempt Property System In The Personal Bankruptcy

At present,the difficulty of court enforcement is becoming more and more prominent,and the phenomenon of violent debt collection has also occurred from time to time.The effective resolution of these problems depends on the construction of an exempt property system in the personal bankruptcy.However,China has not yet established a personal bankruptcy system,as well as an exempt property system.The rapid development of the market economy and the successful settlement of the country's first personal debt liquidation case have laid the foundation for the establishment of a personal bankruptcy system in China,which is just around the corner.The exempt property system is a system that part of the property of the debtor is retained to protect the debtor's right to survival and development and the basic life of the person he/she supports on the premise of the debtor's insolvency.This system is an important part of the personal bankruptcy system.The study of this system can provide a theoretical basis for the construction of China's personal bankruptcy system,and also has a positive significance in our country's bankruptcy practiceFrom the perspective of perfecting the theoretical basis and solving practical problems,this paper comprehensively studies the exempt property system based on the current state of China's social economy and bankruptcy legislation,after analyzing the legislative experience of the exempt property system in typical bankruptcy legislation countries(regions).Additionally,some concrete ponders on the construction of the exempt property system in China's personal bankruptcy are put forward.The specific contents are mainly divided into the following five partsThe first part introduces the origin of the exempt property system and defines the concept of exempt property.Then the differences between exempt property and bankruptcy property,unenforceable property in civil litigation,recovery of property and minimum living guarantee are discussed.Finally the meaning of the exempt property system is expoundedThe second part analyzes and discusses the necessity and feasibility of constructing an exempt property system in China's personal bankruptcy from three perspectives:legal theory,China's actual situation and case analysis.The construction of an exempt property system can guarantee the debtor's basic human rights and is in line with the development of human rights concepts.At present,China already has a good foundation for building an exempt property systemThe third part compares and analyzes the legislative models and specific contents of Japan,Taiwan,the United States of America,and Australia on determining the scope of exempt property.Then the relevant procedures for determining exempt property in the United States of America are introduced in detail.Thus the specific content of China's exempt property system could be clarifiedThe fourth part mainly discusses the difficulties on building an exempt property system,such as the scope of the applicable subject of the system,the limitation of the scope of exempt property,and the special problems of the exercise of exempt property rights.It provides specific views on these issues and provides suggestions for the construction of China's exempt property systemThe fifth part mainly through the analysis and discussion in the foregoing,combined with China's current social and economic development and status of bankruptcy legislation in China,puts forward specific thoughts on the construction of China's exempt property system.Firstly,the construction of an exempt property system should follow the principles of gradual progress,fairness,and efficiency.The principles are determined by the actual national conditions of the uneven economic development of various regions in China.Secondly,a hybrid legislative approach that combines general and enumerated styles is recommended to determine the scope of exempt property,with interests as the starting point to balance the interests of all parties and ensure fairness.Finally,in the determination of the relevant procedures of exempt property,the applicable subject of the exempt property system,the application procedure of the exempt property,the objections of the relevant parties to the application,the debtor's waiver of the exempt property,the right of the relevant parties to review,and the effectiveness of the exempt property ruling should be clear and definite,and specific considerations are also given to the special issues of the exempt property.