On The Exemption System Of Residual Debt In Personal Bankruptcy

Nowadays,when talking about "bankruptcy",people’s first impression is that only enterprises can go bankrupt,and they are surprised that natural people can also go bankrupt.Moreover,the traditional simple concept of justice is deeply rooted in people’s mind,which is that "debt is guilty and money owed must be paid back".It makes it difficult for the general public to understand the core system of the personal bankruptcy system--the exemption system of the remaining debt.In the minds of many people,the system of exemption from residual debt exempts the property responsibility that should be paid off by the debtor to the creditor,which causes great damage to the interests of the creditor and deviates from the simple and just view in the heart.But on the contrary,more debt liability system is built in order to protect the interests of the debtor,from the original more than debt relief from creditors’ interests,only or is more than in the modern sense of debt relief system for the preservation of the rights of the debtor to survive and creditors’ rights and interests more than debt exemption system from beginning to end is one of the core idea of protecting the legitimate rights and interests of creditors.Along with the development of our social economy,more and more of the market main body and actively participate in the activities of market economy,especially the rapid development of Internet technology,drive the natural market main body is active in more conveniently,such as market economy,such as credit consumer to buy a house,loan business activities,thus makes the credit the country’s rapid economic development of our country.Just because of this big social environment background,the debt ratio of Chinese residents has been rising all the way,and the risk of personal bankruptcy has been rising.However,due to the fact that China has not yet constructed the exemption system of the remaining debt,many debtors who have been in bankruptcy can not withdraw from the market mechanism in an orderly way.They are burdened with heavy debts and unable to pay off.In a vicious circle where they can’t return to normal life by earning money all their lives,this not only causes harm to the survival rights and interests of the debtors themselves or their families.Even lead to the debtor because of "cornered" and criminal activities or creditors can not be repaid for a long time to use "illegal detention" and other means to force repayment of debt,and this situation is not uncommon in today’s judicial environment.In order to solve the pressing social contradictions,China’s zhejiang province issued "regulations of an executable program to turn personal debt clearing procedure(provisional)and shenzhen issued" regulations on the personal bankruptcy of shenzhen special economic zone,to build more than national debt liability system for local pilot,coupled with the perfection of personal credit registry system in China,people thought transformation and other factors,So that our country has been able to construct the social basis of debt exemption.Although there were many studies on the system of personal bankruptcy and the exemption from remaining debt before this paper,most of the previous studies on the system focused on the countries or regions outside the region that had established the system,because China had not carried out national legislation or local pilot programs on the system.In August 2020,Shenzhen City issued the Personal Bankruptcy Regulations of Shenzhen Special Economic Zone,taking the lead in establishing a local pilot system of residual debt exemption.Therefore,the focus of this paper is to combine the local pilot system of residual debt exemption constructed by Shenzhen City with the experience from outside the region.It is expected to put forward some suggestions in line with China’s basic national conditions,such as the understanding function of creditors’ meeting and the debtor education mechanism,on the basis of Shenzhen’s residual debt exemption system,and then integrate the suggestions into the construction of the national residual debt exemption system.Build over the debt liability system,its purpose lies in the debtor can not get in the current bankruptcy liability protection and creditors cannot be achieved under tension creditor-debtor relationship to seek survival rights and the debtor a balance between the legitimate rights and interests of the creditors,build for the future more than the national debt liability system to provide useful Suggestions.Therefore,this paper will discuss the exemption system of residual debt from the following five parts.The first part mainly introduces the research background and significance of the system of exemption from residual debt as well as the research status at home and abroad.The second part is from the connotation,characteristics,historical evolution and legal basis of the system of exemption from residual debt to carry out a detailed analysis of the system.In the third section for more debt the necessity of exemption system from both the debtor creditor interests,social stability,constitutional protection were analyzed,and the more debt the feasibility of the system of exemption is mainly from the credit system,local pilot,people thought three Angle analysis,to our country should introduce more debt liability system is analyzed.The fourth part uses the form of tables to make a brief comparative analysis of the residual debt exemption system of foreign countries or regions and summarizes the experience and inspiration in combination with the personal bankruptcy regulations of Shenzhen City.The fifth part is to construct the system of debt exemption.Starting from the mode selection,application scope,exemption procedure,exemption effect and corresponding supporting system of the system and through the perspective of comparative law detailed analysis of China’s residual debt exemption system construction of the specific content.