Research On Legal Regulation Of Personal Bankruptcy Fraud

With the continuous expansion of China's consumer credit scale and the increasing trend of commercialization of civil subjects,the problem of personal debt becomes more and more serious,and it is urgent to introduce personal bankruptcy system to escort the high-quality development of economy.However,due to the influence of traditional debt culture and misreading of personal bankruptcy system,the system was criticized at the beginning.Because there is a mechanism to reward debtors in personal bankruptcy system,it is easy to be used by deliberate debtors.There must be bankruptcy fraud if there is bankruptcy,so the concept of anti-fraud needs to be integrated into the core of personal bankruptcy system and play a role in the process of system operation.From the perspective of regulating personal bankruptcy fraud,combining the origin and development of personal bankruptcy system,the legal basis and system value of regulating fraud,and on the premise of analyzing the problems existing in the pilot local legislation,this paper puts forward corresponding suggestions to improve the system.The first part is the introduction of the problem.To begin with,from the documents issued by the Supreme People's Court,the State Council and other state organs,this paper illustrates the natural advantages of personal bankruptcy system in solving the difficulties problems of implementation and improving the exit mechanism of market entities.Secondly,starting from the pilot legislation work in Shenzhen,combined with the people's doubts about the new system,this paper reveals the fact that all sectors of society generally tend to be unconfident about the personal bankruptcy system.Last part of the introduction,this paper analyzes the current research situation in academic circles and reiterates the necessity of studying the regulation of personal bankruptcy fraud.The second part is the general theory of personal bankruptcy fraud.First of all,from a historical point of view,this paper introduces the embodiment of personal bankruptcy system in ancient Roman law and its development in Britain,and expounds the origin,development and similar application of personal bankruptcy system in some regions of China by combining the similar personal bankruptcy system emerged from the rural areas of southeast Hubei before the founding of our country.Secondly,starting from fraud to personal bankruptcy fraud,it points out the particularity of fraud in bankruptcy field.Thirdly,combined with the characteristics of personal bankruptcy system,the paper puts forward the constitutive elements and forms of personal bankruptcy fraud.The third part is the legal basis and system value of personal bankruptcy fraud regulation.First of all,the system is analyzed from three aspects: the principle of justice,the principle of integrity and the idea of bankruptcy law.Secondly,starting from the operation of the system itself,this paper summarizes the system value of regulating personal bankruptcy fraud in four aspects: encouraging people to establish modern bankruptcy ideas,promoting the establishment of social integrity,improving the overall well-being of society and reducing the burden on judicial organs.The fourth part is an analysis of the current legislative situation of personal bankruptcy fraud regulation.In the pilot work of Regulations on Individual Bankruptcy in Shenzhen Special Economic Zone,it mainly regulates individual bankruptcy fraud from eight points,such as raising the applicable threshold,establishing public announcement system,bankruptcy disqualification system,fraud tracing system,restriction and supervision system of free property,as well as revocation and invalidation system of fraudulent acts.Besides,the personal credit system and property registration system also play a role in regulating personal bankruptcy fraud to some degree.The fifth part is the defects of personal bankruptcy fraud regulation.First of all,the regulation before the initiation of individual bankruptcy procedure is insufficient.There are three problems: incomplete system of personal bankruptcy application materials list,imperfect hearing system before acceptance of personal bankruptcy cases,and lack of compulsory measures before acceptance of personal bankruptcy cases.Secondly,the regulation system after the initiation of individual bankruptcy procedure is imperfect.There are three problems: imperfect bankruptcy administrator system,imperfect personal bankruptcy disqualification system and imperfect restrictions on free property system.Thirdly,the responsibility tracing system after the end of individual bankruptcy procedure is imperfect.Finally,the supporting system is not perfect.There are five problems: insufficient protection from criminal law,imperfect personal credit system,imperfect social security system,imperfect personal property registration system,as well as debt and credit consultation habits to be cultivated.The sixth part is the suggestion to improve the regulation of personal bankruptcy fraud.First of all,it is necessary to strengthen the regulation before the initiation of individual bankruptcy procedure,and improve the list system of bankruptcy application materials,the hearing system before bankruptcy acceptance,as well as the compulsory measures before bankruptcy acceptance.Secondly,we should improve the regulation system after the initiation of individual bankruptcy procedure.For this purpose,it is necessary to improve bankruptcy administrator system,personal bankruptcy loss system,as well as restrictions on free property system.Thirdly,it is necessary to improve the responsibility traceability system after the end of individual bankruptcy procedure.Finally,we should improve the supporting system.And it is necessary to improve the protection of criminal law,improve the personal credit system,social security system,personal property registration system,as well as cultivate the habit of debt and credit consultation.The last part is the summary and outlook.Personal bankruptcy fraud should be comprehensively regulated from two dimensions: inside and outside the system,and from three angles: before,during and after the bankruptcy procedure.When formulating a national personal bankruptcy system in the future,it is necessary to integrate the concept of anti-bankruptcy fraud into the blood of the system and keep it consistent in its implementation.