Research On Identification And Exemption Of Debtor’s Property In The Individual Bankruptcy System

With the steady development of Chinese economy and the continuous improvement of the credit system and judicial supporting facilities,China’s bankruptcy legislation has gradually caught up with the mainstream of the times,and individuals are included in the scope of application of bankruptcy subjects.The debtor’s property is the core of realizing bankruptcy distribution,and how to identify the debtor’s property is the most important thing in the construction of the individual bankruptcy system.Therefore,based on the current pilot legislation and cases,this paper analyzes the difficulties in the identification and of the debtor’s property in the individual bankruptcy system,and provides a reference for the formulation of my country’s individual bankruptcy law in the future.Apart from the introduction,this paper is divided into three parts: the first part is an overview of individual bankruptcy and the debtor’s property,establishing a macro understanding of individual bankruptcy system.The first is the concept of individual bankruptcy,which solves the problem of the subject scope of individual bankruptcy,that is,the subject of the debtor’s property identification and identification.The second is the distinction between the debtor’s property and related concepts,to clarify the connection and difference between the debtor’s property,bankruptcy property,and exempt property.Finally,it explains the importance of the debtor’s property in the whole individual bankruptcy system.The second part is the identification and identification of the debtor’s property.Judging from practical cases,property types mainly include tangible properties such as immovables and movables,as well as intangible properties such as intellectual property rights and the debtor’s pending claims.However,with the development of the times,new types of properties should also be identified,and the types of property identification should be expanded as much as possible.The core of the time range of debtor property identification lies in the choice between fixism and Expansionism focusing on the protection of creditors’ rights and interests,and suggesting an expansionism legislative model.It is more difficult to identify individual property in common property,mainly because the division of common property is more complicated.At present,my country does not stipulate the issue of joint bankruptcy of husband and wife.This paper proposes joint bankruptcy in the name of husband and wife to simplify the identification and treatment of joint property and personal property of husband and wife.The third part is the determination of the debtor’s exempt property.Unlike enterprise bankruptcy,exempt property in personal bankruptcy system is more special.However,at present,the specific types,time limits and limit standards of exempt property are not detailed enough,such as whether and how the standard of property to maintain the basic living of the debtor in exempt property should be changed with time and geographical changes.This paper believes that the types of exempted property should first be clarified by adopting enumerated and general legislation,and each property needs to set a separate value limit,and the specific value limit should be determined according to the level of economic development,the actual needs of the debtor,and the comprehensive determination by referring to other laws and other factors...