| As more and more natural persons in our country participate in commercial activities,individuals have taken more commercial risks while bringing vitality to the market.Not only that,with changes in social consumption concepts,more and more individuals have increased their consumption needs,and advanced consumption has become more common.In this context,individuals are increasingly unable to repay their debts.In enforcement cases,the number of cases where individuals have no property available for enforcement is also increasing.my country urgently needs to introduce a personal bankruptcy system.One of the core systems that distinguishes the personal bankruptcy system from the corporate bankruptcy system is the free property system.The relief provided by the free property system to debtors is also an important prerequisite for the establishment of a personal bankruptcy system.Therefore,this article takes the free property system as the research object,and aims to provide perfect suggestions for the personal property system to be established in our country,and provide constructive suggestions for the construction of the free property system.The main body of this article has four parts.The first part analyzes the actual needs of establishing a free property system.To discuss the construction of a free property system,we must first have a full understanding of free property.Therefore,the second part is an overview of the content,which summarizes the connotation,applicable subject,conceptual differentiation,and meaning of free property.The third part introduces the institutional design of the free property system.From the perspective of comparative law,it combines the design of free property systems in the United States,Japan,Taiwan of China and other countries and regions,and at the substantive level(the basic principles of determining the scope of free property,the determination of free property The method of property scope,the general composition of free property)and the procedural level(application,notice,objection and determination of free property)were introduced.The last part analyzes and evaluates our country’s previous legislative exploration,and puts forward suggestions for the establishment of our country’s free property system based on the research of comparative law,combined with our country’s national conditions. |
