The Research On The Construction Of Personal Bankruptcy Exemption System In China

The system of exemption from liability for personal bankruptcy refers to the system of exemption from liability for continuing repayment of corresponding debts within the scope prescribed by law when the bankrupt debtor fails to pay off the remaining debts in accordance with the relevant procedures after the conclusion of the bankruptcy proceedings,the establishment of the system can reflect the purpose and value of bankruptcy legislation.The countries of the world,including the common law system and the civil law system,have basically decided that the bankruptcy law should adopt the principle of non-punishment and set up the concept of bankruptcy not being guilty,at the same time,the bankruptcy exemption system in the personal bankruptcy system is also the practice of the spirit of humanism.Our country has the external request which needs the personal bankruptcy system to solve the realistic problem,also satisfies the internal condition which establishes the personal bankruptcy system.The personal bankruptcy exemption system is a very important component of the personal bankruptcy law.In the process of formulating the personal bankruptcy law,it is necessary to establish the personal bankruptcy exemption system,such as difficult to resolve debt disputes,credit risk diversification,some of which have to be in the application of the exemption system can be resolved,which is also very important for social stability.As one of the main objectives of personal bankruptcy,the discharge of the remaining debts of honest debtors makes the status of bankruptcy exemption in personal bankruptcy law even more important,the effective implementation of the bankruptcy exemption system can guarantee the individual bankruptcy law to give full play to its own functions and values.The establishment of bankruptcy exemption system is an important part of accelerating the smooth promulgation and full play of China’s personal bankruptcy law.At present,the study of personal bankruptcy in China mainly focuses on the overall study of the personal bankruptcy system,and the detailed study of the specific system is not sufficient and in-depth.This paper probes into the exemption system of individual bankruptcy,and explores the innovation of local system by learning from the advanced experience of bankruptcy legislation in the world and solving the problems in China.Absorbing the existing scholars’ research conclusions on individual bankruptcy system,studying and analyzing different bankruptcy legislation models and dispute resolution mechanisms,and exploring the formulation and practice of individual bankruptcy exemption system in foreign countries,in the light of our country’s legal system construction and social culture,we should draw lessons from it and formulate more precise application requirements,especially on the choice of legislative mode and the stipulation of restrictive conditions,so as to make the study of our country’s personal bankruptcy system more precise and explicit,balance the interests of creditors and debtors.Personal bankruptcy law as a part of the legal system,after its impact or the impact of other judicial mechanisms and supporting mechanisms to study,to avoid the rise of personal bankruptcy rate.