The Research On The Basic Problems In The Personal Bankruptcy System

The creation of a personal bankruptcy system is conducive to changing the deep-rooted concept of debt settlement in the current society,establishing a new concept of bankruptcy exemption,improving the development speed of the personal credit system,and creating a credit scale for the society,which not only protects the interests of creditors,but also enables " The "honest and unfortunate" debtor is protected by law.At the same time,we need to clarify the meaning of "honesty",strengthen the guidance of honesty quality to debtors,shape honest values,and provide quick and effective relief for "honest and unfortunate" debtors.Long-term theoretical disputes have led to the delay of my country’s bankruptcy legislation and it has not yet been activated.The various shortcomings of the alternative system represented by the participation distribution system currently in force show that it is not enough to completely replace the personal bankruptcy system.In the context of rapid economic development,the rapid improvement of personal economic living standards has created a demand for the personal bankruptcy system,and the personal debts generated by people in their activities need to be resolved through the personal bankruptcy system.When solving debt problems,how to balance the interests of creditors and debtors,and how personal bankruptcy can protect creditors from realizing their claims,while at the same time enabling debtors to maintain the ability and confidence to "recover",the Chinese economy is in line with the world economy,and the personal bankruptcy system itself The existence of powerful advantages makes it necessary for our country to implement a personal bankruptcy system.At the same time,the traditional concept of "repaying debts" has changed.Now bankruptcy does not mean failure.People have been able to accept the practice of "forgiveness" for bankruptcy.At present,my country’s social security system and personal credit information system and other supporting facilities are gradually improving.When individuals are bankrupt,facing unemployment,and living in difficulties,the assistance of the social security system will enable individuals to maintain basic living conditions.At the same time,the personal credit information system It can also effectively supervise individuals’ performance of debt repayment obligations or prompt personal bankruptcy liquidation.But before establishing a personal bankruptcy system,we have several basic issues that must be resolved.When an individual is insolvent,how to identify and appraise the scope of an individual’s bankruptcy assets? In the process of personal bankruptcy,prevent the debtor from malicious bankruptcy and abuse the personal bankruptcy protection mechanism? When the bankrupt debtor is indeed unable to repay the debt,how should the residual debt forgiveness system play its role,help the bankrupt debtor to cancel the remaining debts,and how to determine the conditions for the residual debt forgiveness,etc.In response to the above problems,this article tries to find out the subject of the regulation of the personal bankruptcy system,how to identify and recognize the personal bankruptcy property,the residual debt exemption system,and the prevention and punishment mechanism of the abuse of the personal bankruptcy system,etc.Starting from the aspect,explore the basic issues of the establishment of a personal bankruptcy system.