On The Prevention Of Abuse Of Personal Bankruptcy Exemption System

With the full implementation of personal bankruptcy legislation in Shenzhen,the bankruptcy exemption system has gradually entered the public's vision.As the freedom and the hope of a fresh start.However,there are doubts about the application of the bankruptcy exemption system,that is,whether the debtor will abuse the exemption in order to achieve the purpose of property exemption,resulting harming the creditor's interests and property rights.Thus,Exemption investigation,the Section 3,Chapter 7 of shenzhen Special Economic Zone personal Bankruptcy Regulations is the first step to solve the problem of abuse of bankruptcy disclaimer.Although,on the basis of theory and judicial practice,there is still a lack of in-depth discussion on the root of the abuse of disclaimer,the legal problems that may be caused,the legal attributes of exemption,and the prevention methods of the abuse of disclaimer.In order to reduce the abuse of personal bankruptcy exemption,strengthen the protection of the interests of creditors and acheive the purpose of fair repayment,China's personal bankruptcy legislation should pay more attention to the the further improvement of the establishment of the system of Disqualification ? Rehabilitation,determining the content of limited exemption,improve the right of bankruptcy cancellation,and stipulating the veto mechanism of bankruptcy disclaimer.