Research On The Protection Of Personal Bankruptcy System To Debtors In China

In recent years,with the development of my country’s market economy,the calls for the implementation of the personal bankruptcy system in my country have continued to rise.From March 2021,Shenzhen has implemented the "Shenzhen Special Economic Zone Personal Bankruptcy Regulations",which became my country’s first personal bankruptcy laws and regulations,and it is also the "knocking question" of personal bankruptcy in my country.The legislative purpose of personal bankruptcy is to improve the exit mechanism of market entities,rationally adjust the relationship between creditor’s rights and debts,promote the economic regeneration of debtors,and activate market vitality.Previously,personal bankruptcy has not been implemented in Chinese mainland due to the influence of traditional concepts and insufficient bankruptcy practice in my country.On February 27,2019,the Supreme People’s Court proposed in the "People’s Courts’ Fifth Five-Year Outline(2019-2023)" to study and promote the establishment of a personal bankruptcy system and speed up the resolution of difficult enforcement issues.my country’s current debt dispute resolution mechanism mainly includes consumption restrictions,untrustworthy persons subject to enforcement,participation in the distribution system,and "temporary policies" of countries where emergencies occur.Due to the flaws in these settlement mechanisms,China’s protection of debtors is insufficient,which is mainly reflected in: consumption restrictions and untrustworthy enforcers cause the debtor’s personal dignity to be violated;participation in the distribution system cannot achieve a final settlement of claims and debt disputes.As a result,the debtor’s property is distributed time and time again,so that the life of the debtor and his support(support)cannot be guaranteed,and it also makes him lose the confidence to work hard.In addition,these measures cannot treat honest debtors and malicious people fairly.Debt evaders have the reality that honest debtors will not receive relief,and those who maliciously evade debts will not receive due punishment.In addition,malicious debt collection,usury,campus loans and other illegal acts that infringe on the interests of debtors are also emerging.These phenomena have severely threatened the debtor’s basic rights such as survival rights and development rights.Therefore,the insufficiency of the creditor’s rights and debt dispute resolution mechanism urgently needs the effective implementation of personal bankruptcy to make up.This article mainly introduces the current insufficiency and reasons of the debt dispute resolution mechanism in my country and the system design of personal bankruptcy.Focus on clarifying the scope of "individuals" in personal bankruptcy,expounding the incomplete protection of the debtor’s basic rights and interests in the current creditor’s rights and debt dispute resolution mechanism and the inability to balance the rights and obligations of different debtors.Through the design of the free property system in personal bankruptcy,the protection of the debtor’s survival rights in personal bankruptcy is improved;the protection of the debtor’s development rights and interests is improved through the design of the exemption system in personal bankruptcy;and finally,the protection of the loss of rights and rights in the personal bankruptcy system The design balances rights protection and regulation.So as to realize the insufficiency of the current debt dispute resolution mechanism by the personal bankruptcy system and make up for the lack of protection of debtors.