Research On Construction Of China’s Personal Bankruptcy Exemption System

The implementation of the Enterprise Bankruptcy Law has largely standardized the procedure of enterprise bankruptcy,realized the fair liquidation of claims and debts between enterprises,and fairly protected the legitimate rights and interests of creditors and debtors as well.However,personal bankruptcy and its exemption system have been missing for a long time.With the continuous growth and rapid development of the market economy,the participation of individuals as economic subjects in economic activities has gradually increased.At the same time,it happens from time to time that individuals become insolvent due to market risks or mistakes in business strategies.But individuals are not able to recover through the bankruptcy process like enterprises,which will hinder the opportunity for individuals to continue to play their vitality in the market.On the basis of ensuring fairness,the legal relationship of debt can be ended by paying off a certain proportion of debt to creditors,which is the original intention of the personal bankruptcy system.Different from the legal consequences that the rights and obligations of the subject disappear immediately after the bankruptcy of the enterprise,the individual as a civil subject still enjoys the rights and obligations in the society after the declaration of bankruptcy.Bankruptcy is not the end,but the beginning of "rebirth".Therefore,as the basic and continuous core system of personal bankruptcy system,the bankruptcy exemption system is particularly important.In this study,taking the bankruptcy exemption system as the key point of personal bankruptcy procedure,the theoretical basis and value connotation of the bankruptcy exemption system were comprehensively elaborated,and the specific judicial practice in China was also analyzed.By sorting out the mature foreign bankruptcy exemption system,the legislative proposals were put forward to construct China’s bankruptcy exemption system according to local conditions.In this study,the first and second parts are to summarize theories and research status of personal bankruptcy exemptions at home and abroad,to elaborate the meaning of personal bankruptcy exemptions with the two constituent elements of "honesty" and "misfortune" as the starting point,and further to systematically analyze the development and the necessity of the justificability of the theory of the individual bankruptcy exemption system.The third part is firstly to sort out the selection of legal paths of individual bankruptcy exemption system in various pilot areas in China,compares and analyzes the construction and selection of bankruptcy exemption system in different regions,and raises some questions in terms of scope of individual subject and supporting system.Secondly,it selects two typical cases under different regulation paths for analysis in judicial practice.summarizes the practical experience and deficiencies,and provide guarantee for the establishment of a unified personal bankruptcy exemption system in our country.The fourth part is that based on the analysis of the difficulties faced by the regulation and development,the different legislative models applicable to the bankruptcy system in foreign common law system and civil law system are analyzed by rechtsvergleichung.Based on China’s economic and social development,the implementation standard of the lenient and strict license exemption system are put forward.As the core chapter of this study,the content of the fifth part is that based on the license exemption,the suggestions on the construction of the bankruptcy exemption system are further refined.From the perspective of the entry and exit path of personal bankruptcy exemption,some ideas are put forward,including the scope of application,the pre-procedure,the setting of the inspection period of exemption and the effectiveness of exemption.