Research On Property Identification Of Debtors In Personal Bankruptcy

The property of debtors in personal bankruptcy consists of free property and insolvent property.Free property is the property reserved for the debtor in bankruptcy for the protection of basic human rights.Insolvent property refers to the property used by the bankrupt debtor to repay the creditors.The core problem of property identification of personal bankruptcy debtor is the balance between the right of survival and development of personal bankruptcy debtor and the right of creditor to be fairly compensated.Based on this,this paper discusses from three aspects,one is the standard of the bankruptcy debtor to retain the free property;Second,the identification and regulation of the debtor's bankruptcy fraud;Third,in the bankruptcy of the husband and wife property and responsibility sharing.In addition to the introduction and conclusion,this paper is divided into four parts to discuss the difficulties in the identification of the debtor's property in personal bankruptcy.The first part summarizes the basic concept of the property of the bankrupt debtor and the legitimacy of the free property system,and puts forward three specific problems that this paper pays close attention to in combination with the judicial pilot of the centralized liquidation procedure of personal debt in our country.that is,the identification of free property,the identification and regulation of bankruptcy fraud,as well as the scope of debtor property and responsibility sharing in marital bankruptcy.The second part discusses the specific methods of free property identification from the two aspects of type standard and value standard.Specifically,free property can be divided into survival property,developmental property and exclusive property.On this basis,the upper limit of its value can be set from two aspects:individual or a kind of free property and the total value of free property.In addition,whether special property such as real estate,life insurance,trust property and intellectual property can be recognized as free property needs to be judged according to its actual value and specific types and other factors.In the third part,aiming at the behavior of bankruptcy fraud impairing the debtor's property,this paper discusses the general constituent elements of bankruptcy fraud and the two basic types of bankruptcy fraud,and analyzes the identification methods of fraud in personal bankruptcy.Based on the need to prevent bankruptcy fraud,the following suggestions are put forward:the first is to clarify the constitutive elements and identification rules of bankruptcy fraud in legislation,and the second is to improve the criminal punishment norms of bankruptcy fraud.the third is to improve credit punishment,property registration and other personal bankruptcy supporting systems.The fourth part,taking the marital bankruptcy as an example,discusses the specific ideas of the determination of the debtor's property in the marital bankruptcy.The main contents include:the determination of the type of debt and its liability in the bankruptcy of husband and wife,the identification of free property in the joint bankruptcy of husband and wife and the free property of one party in bankruptcy,and the regulation of bankruptcy fraud in the bankruptcy of husband and wife.In short,the identification of the property of the personal bankruptcy debtor is related to the balance of the protection of interests between the creditor and the debtor.On the one hand,the retention of free property is related to the basic human rights of the survival and development of the bankrupt debtor,which is the need of human civilization.On the other hand,it is only natural to repay debts,and the right of creditors to be repaid must also be protected.