Research On The Practical Problems Of Personal Bankruptcy

Thanks to the support of the national entrepreneurship policy and the development of e-commerce economy,the role of individuals in economic activities has become increasingly prominent.The number of bankruptcy of natural person increases rapidly in economic life.However,the current bankruptcy law of our country only stipulates the legal system related to the company bankruptcy,and has not carried on the national unified personal bankruptcy legislation or legal system construction.In the process of continuous development and perfection of the corporate bankruptcy law,the personal bankruptcy system has accumulated a rich theoretical basis after decades of theoretical research.The first case of personal bankruptcy in China in 2019 has aroused great discussion among the public about the construction of a personal bankruptcy system.On the whole,the public holds a positive attitude towards the personal bankruptcy legislation,and the personal bankruptcy system already has the public opinion basis.In addition,in order to adapt to the national policy of optimizing the business environment,it is imperative to build the unified legislation and system of personal bankruptcy.Personal bankruptcy is related to the stability of the financial market,the integrity of the social and economic structure,and the social harmony.In the past two years,courts around Zhejiang Province have successively carried out the work of personal debt clearing and personal debt restructuring,which has achieved good social effects.They have put forward a series of new ideas in personal bankruptcy practice,such as optimizing the business environment,exploring the establishment of the public administrator system,and exploring the dual voting rules.The practical cases of courts in Zhejiang province can provide reference for the research of bankruptcy practice in other provinces and cities.However,because the practice of personal bankruptcy originated from the execution procedure,and the personal bankruptcy cases of execution to bankruptcy accounted for a large proportion in the practice,many people mistakenly thought that personal debt liquidation cases or personal bankruptcy reorganization cases were execution cases,not personal bankruptcy cases.This misunderstanding is biased against the personal bankruptcy system and the enforcement system."Personal bankruptcy regulations of shenzhen special economic zone to correct this bias,but now it has to take effect,from which we can understand the personal bankruptcy system including personal debt clearing system,personal debt reorganization system,personal bankruptcy reconciliation system,and the enterprise bankruptcy system structure is similar,but in the application subject,bankruptcy,the relief way,bankruptcy exemption is different.In the new historical environment,how to optimize the business environment to promote the implementation of personal bankruptcy,resolve the contradictions between creditors and debtors,pay attention to solve the obstacles of financial creditors to participate in the personal bankruptcy process will be a new direction of the personal bankruptcy system practice research.However,in the current personal bankruptcy practice,courts in various places need to pay attention to resolving the credit bias of creditors,reasonably delimit the scope of exempt property,and pay attention to solving the obstacles faced by financial creditors to participate in the personal bankruptcy procedure so as to better play the effectiveness of the personal bankruptcy system.