The Research On The Construction Of Disqualification For Personal Bankruptcy In China

In August 2020,the Shenzhen Special Economic Zone officially passed the "Shenzhen Special Economic Zone Personal Bankruptcy Regulations",which achieved the "ice breaking" of China’s personal bankruptcy legislation.Academics and judicial practitioners generally hold a positive attitude towards personal bankruptcy legislation,believing that the personal bankruptcy system is an indispensable component of China’s market economic system.The system of personal bankruptcy loss of rights is a rule for debtors to bear the limitation of their rights and qualifications within a prescribed period of time,bearing the value of avoiding the abuse of the bankruptcy system and appropriate punishment.The specific rules of the personal bankruptcy loss of power system involve the mutual game between debtors,creditors,and the public interest,which plays an important role in the promotion of bankruptcy proceedings.To make the bankruptcy loss of power system effective,it is necessary to establish a complete loss of power legal system as a support.The construction of China’s personal bankruptcy system is still under planning and discussion,and the theoretical research on the system of personal bankruptcy and loss of power has not yet formed a complete system.Based on the problems reflected in current judicial practice and the current situation of social development,the systematic construction of China’s personal bankruptcy and loss of power system should be discussed.In judicial practice,China has actively carried out local trials of individual bankruptcy,with standardized individual bankruptcy procedures and debt liquidation procedures in the civil execution system running in parallel.However,there are significant differences in the logic and norms of the loss of power system embodied by different procedural norms,and there are significant differences in functional positioning.Summarize and analyze the procedural rules and value norms of the loss of power system in foreign laws and judicial practice in China.The localization of the loss of power system in personal bankruptcy in China requires attention to the normative design of the subject,scope,and formation mode of the loss of power.Based on the above findings,by drawing on the experience and wisdom of domestic and foreign bankruptcy loss of power,we systematically arrange our personal bankruptcy loss of power system.The design of China’s personal bankruptcy loss of power system mainly includes two parts,the effective mode and specific loss of power norms.The effective mode of personal bankruptcy loss of power should adopt the principle of judgment effectiveness,with the court making a judgment on the debtor’s loss of power.In the specific rules of personal bankruptcy,the subject of personal bankruptcy should be established as a general subject,and the scope and limits of debtor’s loss of power should be differentiated according to different bankruptcy procedures,with dynamic and flexible mechanisms adopted;Clarify the scope of the debtor’s rights restrictions,impose restrictions on the debtor’s qualifications and credit,and ensure that punishment for the debtor’s loss of rights is commensurate with the performance of obligations.Finally,in order to ensure the smooth progress of the bankruptcy and loss of rights process,it is necessary to provide complete institutional support and establish supporting measures such as personal bankruptcy and restoration of rights,and the system of own property.The construction of localized loss of power rules in terms of personal bankruptcy loss of power mode,subject,right content,and security system is conducive to improving the possibility of localized construction and implementation of personal bankruptcy loss of power system,achieving the function of balancing the interests of personal bankruptcy loss of power system and preventing punishment,striving to build a complete bankruptcy loss of power system,and providing support for the legislation of personal bankruptcy system in China.