Research On Personal Bankruptcy Exemption System

As an important guarantee for the smooth implementation of the personal bankruptcy exemption system,the personal bankruptcy exemption system is at the core of the personal bankruptcy legal system.This article mainly uses the literature research method and the comparative research method to carry on the thesis writing.Firstly,the basic concept of personal bankruptcy exemption system is introduced,and the development process of personal bankruptcy exemption system is discussed from the perspective of historical development.Then,from the angle of law formation,it introduces the legislation examples of individual bankruptcy exemption in Germany and Japan of continental law system,Britain and the United States of Anglo-American law system and Taiwan region of China,providing reference for the construction of individual bankruptcy legislation in China.Next,based on our country's basic national conditions,social status quo and traditional moral concepts,the author demonstrates the necessity of establishing a personal bankruptcy exemption system in China from the aspects of promoting economic growth,perfecting the withdrawal mechanism of market players,solving the personal debt crisis under the credit economy and solving the difficulties in judicial enforcement.It also demonstrates the feasibility of the individual bankruptcy exemption system under the current social development background in China from the aspects of the changeof social ideology,the state of property registration,the popularization of individual credit investigation and the support of "internet plus" technology.At last,the author puts forward the concrete construction scheme of the personal bankruptcy exemption system in our country from the following six aspects: the principles that should be selected for personal bankruptcy exemption,the procedures for applying for personal bankruptcy exemption,the subjects that apply for personal bankruptcy exemption,the conditions for applying for personal bankruptcy exemption,the debts that the debtor cannot apply for bankruptcy exemption,and the cancellation of bankruptcy exemption.