Study On The Legal Regulation Of Bankruptcy Fraud In Personal Bankruptcy Proceedings Of China

With the deepening of the practice and exploration of the personal bankruptcy system,the conditions for building the personal bankruptcy system in China have been basically met,and it is imperative to establish a nationwide personal bankruptcy system.But just as the so-called "there is bankruptcy,there is fraud",according to the practice of bankruptcy laws in various countries,the risk of bankruptcy fraud runs through the whole process of bankruptcy proceedings,which will seriously hinder the smooth implementation of the bankruptcy system.At present,the field of bankruptcy law in China has fully recognized the importance of legal regulation of bankruptcy fraud,but at present,the legal regulation of bankruptcy fraud in personal bankruptcy proceedings is only scattered in the implementation of specific systems,and very little distinction is made between bankruptcy fraud in personal bankruptcy proceedings and bankruptcy fraud in enterprise bankruptcy proceedings,and there is also a lack of specific research on the necessity and effective measures to regulate this behavior.Compared with enterprise bankruptcy,bankruptcy fraud in personal bankruptcy proceedings is more secretive,has more forms and causes.Therefore,how to strengthen the legal regulation of bankruptcy fraud in personal bankruptcy proceedings has become the core and difficulty to ensure the smooth implementation of the personal bankruptcy system.With the help of research methods such as literature analysis,empirical analysis and summary,this paper combs the current situation of legislative regulation and judicial practice of bankruptcy fraud in personal bankruptcy proceedings in China,and finds that there are still some deficiencies in the current legal regulation,such as inadequate legal system provisions,imperfect property definition mechanism,inadequate supervision of relevant authorities and imperfect supporting facilities.Therefore,in order to improve the legal regulation of bankruptcy fraud in personal bankruptcy proceedings,the following points should be done well: First,to improve the relevant legislation,clarify the concept and nature of bankruptcy fraud,and strengthen the criminal law regulation,to establish a perfect legal system so that provide the support of the regulation;Second,we should improve the definition and review mechanism of the debtor’s property in the personal bankruptcy procedure,improve the debtor’s property registration system,the scope of the definition of the exempt property,and the system provisions of the property identification and debt settlement of the marital personal bankruptcy,and eliminate the legal regulation problems of bankruptcy fraud caused by the imperfect personal property identification mechanism;Third,we should strengthen the supervision of the debtor’s behavior,and reduce the opportunities for the debtor to implement bankruptcy fraud by establishing an official bankruptcy management agency and introducing cooperation from multiple subjects;In addition,it is also necessary to strengthen the construction of relevant supporting systems,ensure the implementation of the personal bankruptcy system by a strict credit recording system and a perfect social security system,and truly achieve the purpose of preventing and reducing the bankruptcy fraud in the personal bankruptcy proceedings.