Research On Legal Issues Of Exemption After Individual Bankruptcy Declaration

In the current bankruptcy legal system in our country,the debts of an enterprise legal person are destroyed due to the destruction of the civil subject qualification after liquidation through the bankruptcy procedure,while the personality of an individual in social and economic life will not be destroyed by the declaration of bankruptcy.,but individuals still remain It is necessary to devote themselves to social and economic life and continue to create social wealth,so the concept of personal bankruptcy and exemption came into being.Today,many countries and regions in the world have established personal bankruptcy exemptions,and the traditional "criminal thinking of bankruptcy" has been unable to adapt to today’s fast-developing socialist market economy.Realize its role in stabilizing the social and economic order and protecting the interests of both debtors and creditors.The thesis is mainly divided into four parts:The first part briefly introduces and analyzes the typical cases of individual bankruptcy exemption in my country’s judicial practice,and draws out three problems in the cases:（1）How to clarify the applicable subject and conditions of individual bankruptcy exemption;（2）How to clarify the basic composition of individual bankruptcy exemption;（3）How should we improve and perfect my country’s relevant supporting systems.The second part,the historical development of individual bankruptcy exemption,firstly clarifies the concept of individual bankruptcy exemption,and defines the subject of individual bankruptcy exemption.Then it summarizes its historical origin and development,starting from the origin of individual bankruptcy exemption,and analyzes the emergence of private ownership,which gave birth to the germ of the bankruptcy system.From the beginning,until the second industrial revolution in modern times and the rapid development of the capitalist economy,bankruptcy immunity has reached maturity,and its function has changed from simply protecting the interests of creditors at first,to now advocating a balance between the interests of the bankrupt and the debtor,and giving the debtor a chance to be reborn.At the same time,it also sorted out the formulation and revision process of China’s bankruptcy system from the end of the Qing Dynasty to the Republic of my country,as well as the introduction and revision of the new China Enterprise Bankruptcy Law,as well as the legislative practice of personal bankruptcy exemption in pilot areas.Finally,it discusses the value basis of the existence of individual bankruptcy exemption from the function of individual bankruptcy exemption.Finally,it discusses and discusses the necessity and feasibility of constructing individual bankruptcy and immunity in our country.The necessity of establishing my country’s individual bankruptcy and liability exemption system is reflected in: first,the need to maintain the stable development of social and economic life;second,the need to improve the bankruptcy legal system in our country;The feasibility of establishing personal immunity in my country mainly includes several aspects: first,the transformation of the traditional concept of "criminal bankruptcy";second,the continuous improvement and development of the personal credit system and related legal systems;and third,the practical basis for individual bankruptcy pilot areas.The third part,By summarizing the current status of domestic and foreign legislation on individual bankruptcy exemption,this paper summarizes the current legislative models of individual bankruptcy exemption that are mainly adopted in various countries.Secondly,it makes an inductive analysis of the applicable conditions of individual bankruptcy exemption in various countries.This paper analyzes their characteristics and advantages in the basic composition of individual bankruptcy exemption,such as effectiveness,time limit,and limitation,discusses foreign legislative thoughts and experiences,and summarizes the shortcomings of relevant domestic and foreign legislation and the construction of individual bankruptcy exemption in my country revelation.The fourth part discusses the construction of individual bankruptcy immunity in my country.First of all,the legislative model of license exemption should be selected.Secondly,the applicable subjects and conditions of individual bankruptcy exemption should be clarified.In terms of applicable subjects,it is proposed that the business bankruptcy of merchants and the business bankruptcy of consumers should not be strictly distinguished,but both types of subjects should be included in the individual bankruptcy exemption specification.The standards of honesty and misfortune to which the individual bankruptcy exemption applies,and the court’s review rules for individual bankruptcy applicants are set forth.It clarifies the basic composition of the implementation of individual bankruptcy exemption,including the effectiveness,time limit and limitation of individual bankruptcy exemption.The last is to improve and perfect the relevant supporting systems,improve my country’s credit system,improve the bankruptcy legal system,improve the connection between execution procedures and bankruptcy procedures,and establish specialized bankruptcy trial and management institutions.