Reseatch On The Legal Rerulation Of Rersonal Bankruptcy Fraud

The trial of personal bankruptcy system in Shenzhen in 2020 is a very meaningful exploration in the history of bankruptcy law in my country.It gives specific debtors a chance to be reborn,absorbs the advanced experience of the international bankruptcy system,broadens the adjustment scope of my country’s bankruptcy law,and plays the role of bankruptcy law in my country’s market economy more effectively.However,the personal bankruptcy system not only has a certain conflict with my country’s local legal and cultural background,but also various opportunistic behaviors such as the debtor concealing property,fictitious creditor’s rights and debts,etc.in practice,the bankruptcy laws of Western countries all attach great importance to the legal regulation of personal bankruptcy fraud.When perfecting the bankruptcy law system,it is also necessary to carry out targeted legal regulation on personal bankruptcy fraud.This paper studies the legal regulation system of personal bankruptcy fraud in my country from the perspective of theory and practice.Theoretically,the personal bankruptcy system originated from the ancient Roman period,and a relatively diverse and complete bankruptcy legal system has been formed in western countries.Therefore,this paper analyzes the legal regulation of personal bankruptcy fraud in western countries,and compares the common law system and the civil law system.Based on the differences in the theory and mechanism of personal bankruptcy regulation,the state extracts advanced experience to enrich the personal bankruptcy system of our country.From a practical point of view,the personal bankruptcy system in Shenzhen and other places in our country has a good value of pilot and pilot.It is necessary to carefully analyze the innovation and insufficiency of the personal bankruptcy fraud regulation system in the bankruptcy system of Shenzhen Personal Bankruptcy Regulations and other places,and further Combined with the relevant cases issued by the Shenzhen Intermediate People’s Court,and supplemented by the relevant trial regulations and specific cases of the personal debt settlement pilot issued by the people’s courts in other regions of my country,this paper summarizes the various manifestations of the debtor in personal bankruptcy cases,and provides the basis for personal bankruptcy.Fraud regulation system provides support.The legal regulation of personal bankruptcy and fraud in our country should be better based on the position of balancing the interests of all parties and maintaining the transaction security of the socialist market economy.The legal regulation of bankruptcy and personal bankruptcy fraud must be based on clarifying the reasons for personal bankruptcy,the applicable conditions of bankruptcy procedures,and the rules for handling the elements of debt exemption,and explore effective measures for legal regulation of bankruptcy fraud.Strict access thresholds shall be set for personal bankruptcy,a scientific and reasonable system of loss of rights and restoration of rights shall be established,and risk prevention and control systems for financial institutions shall be established,and the punishment system for personal bankruptcy shall be vigorously improved.