Research On The Legislative Model Of Personal Bankruptcy Exemption

In recent years,the voice of our country calling for the establishment of a personal bankruptcy system has become increasingly louder.However,the research on the personal bankruptcy system and the exemption system started late in our country,and some views and theories in the legislation of the bankruptcy law are no longer suitable for the current level of social and economic development.Recently,my country’s first "Personal Bankruptcy Regulations" began to be implemented in Shenzhen.Shenzhen’s personal bankruptcy regulations have borrowed from Germany and Japan’s licensing exemption legislation model.This licensing exemption legislation model has a very conservative attitude towards exemption,and its drawbacks are more prominent.The choice of the personal bankruptcy exemption legislative model reflects a country’s attitude towards the personal bankruptcy system,and at the same time depends on a country’s economic and financial development level.In order to adapt to the specific national conditions of each country,the exemption legislative model must be continuously reformed and developed.What needs to be noticed is that even in developed countries,the strict or lenient exemption requirements have different forms at different stages,which has a positive reference for my country’s construction of a personal bankruptcy exemption system.First of all,this article strictly defines the relevant concepts of the current relatively chaotic personal bankruptcy exemption system,and expounds the theoretical basis of the personal bankruptcy exemption system.Secondly,through a comparative study of foreign individual bankruptcy immunity legislative models,it analyzes the differences and causes of different countries or regions in different countries or regions.Then,from the development trend of personal bankruptcy legislation outside the territory,it sums up the experience and principles that our country should learn to build a personal bankruptcy exemption system.Finally,in view of the above research,from two aspects of relaxing the exemption conditions and strictly preventing the abuse of the exemption system,we propose a specific way of constructing our country’s personal bankruptcy exemption legislation model.