On The Construction Of Personal Bankruptcy Exemption System In China

China’s personal bankruptcy exemption system started late,but with the further deepening of the reform and opening up in the new century and the serious social and economic challenges brought by the novel coronavirus epidemic in recent years,especially the natural person,as one of the main players in the market,how to orderly withdraw from the financial difficulties in the process of economic transformation,and so on,it becomes more and more important to construct the personal bankruptcy exemption system.In 2019,the National Development and Reform Commission and other departments,starting from the top-level design,established a step-by-step approach to the future personal bankruptcy system,from the simple to the deep,from pilot to comprehensive establishment of the personal bankruptcy system.At present,experts,scholars,judicial personnel and even ordinary people have gradually accepted and tend to agree with it.It is necessary to establish an individual bankruptcy system and give play to the personal bankruptcy exemption system to play a positive role in solving the problem of personal debt,resolving the problem of difficult implementation,improving the business environment and promoting economic development.Relatively speaking,the personal bankruptcy exemption system has a history of more than 100 years in foreign countries,such as the United States,Britain,Germany and Japan.The systems and experience formed in practice in these countries can be used for reference.In addition,the people’s governments and people’s courts at all levels in Guangdong,Jiangsu and Zhejiang provinces,based on the actual situation of each region,have continuously innovated the pilot work applicable to this region,formulated a series of documents and formed certain experience.This paper combs out the key and difficult issues in the judicial practice of the pilot areas,and analyzes them in combination with the experience of foreign countries to provide ideas for the establishment of the personal bankruptcy exemption system.The concrete construction of personal bankruptcy exemption system can be considered from the following aspects: First,it is clear that the proper value of our country’s personal bankruptcy exemption system model should be chosen,so as to achieve a balance between the interests of creditors and debtors.The specific construction of personal bankruptcy exemption system can be considered from the following aspects: First,the balance between protecting the interests of creditors and giving the debtor a rebirth.Second,determine and adopt the license exemption mode.Third,specify the applicable conditions of personal bankruptcy exemption,and consider from both positive and negative perspectives,as well as the right not to enjoy exemption from certain debts.Fourth,clarify the effect of personal bankruptcy exemption and apply for cancellation of exemption,and set up an exemption inspection period.Fifthly,The implementation of personal bankruptcy exemption system requires the establishment and improvement of relevant supporting measures,such as: establishing special bankruptcy courts and bankruptcy teams,strengthening the construction of bankruptcy administrators,establishing and improving the linkage mechanism between the government and the courts,improving the personal property declaration and registration system,and improving the personal credit system and bankruptcy crime system...