Research On Legal Issues Of Exempt Property In Personal Bankruptcy

The formation of the exempt property system is of great significance to the resolution of personal debt disputes,which aims to help creditors realize their claims on the one hand,and pursue relief for the "honest and unfortunate" debtors on the other.The former must be protected,and the latter should not make unnecessary sacrifices,and for this reason,the existence of the exempt property system is crucial.Apart from the introductory part,this paper firstly analyzes the practical dilemma of the personal bankruptcy exempt property system in China by introducing cases.After exploring the current situation of legislation and judicial practice,it is found that there are problems in the application of this system such as inherent concepts clamping down on the implementation of the exempt property system,difficulty in investigating and dealing with the debtors improperly handled property,difficulty in reconciling exempt property and property involved in security,and inadequacy of Chinas property declaration and registration system;secondly,in view of the problems raised in the previous article,a jurisprudential analysis of the legal system of exempt property in personal bankruptcy is conducted,so that it can be better applied in the future.The personal bankruptcy exemption property system is an important manifestation of the protection of human rights by law,and the application of this system is not only a necessary step to resolve personal debt disputes,but also a proper right of the law pursued by substantive justice.