Determination Of The Scope Of Exempt Property In Personal Bankruptcy

The regime of exempt property is unique to personal bankruptcy and is the key to the realization of the rescue function of the plight of personal bankruptcy.The exempt property is separated from the bankruptcy estate for specific reasons and is used to guarantee the basic survival and future development of the debtor and his dependents,and is a material dependence on the human rights guarantees of the debtor in personal bankruptcy.The determination of the scope of exempt property is related to the actual operation effect of the personal bankruptcy system,and is one of the core systems for balancing the property interests of creditors and the rights and interests of debtors to survive and develop,which must be moderately protected and flexibly protected.There is no standard paradigm for the determination of the scope of exempt property,and the mature personal bankruptcy legislation in foreign countries has provided reference for the establishment of the exempt property system in China,and the civil execution exempt property system in China has the origin commonality with the exempt property system,and the lessons learned from the civil execution exempt property system also have guiding significance for the determination of the exempt property model.The determination of the future legislative model of the scope of exempted property in China still needs to be combined with our legislative tradition,the actual situation of economic operation and the level of social security and other factors,so as to truly meet the realistic national conditions in China.The specific types of free property are too flexible to be exhaustively listed.The general composition of free property can be clarified by dividing it according to its safeguard functions,i.e.,safeguarding the rights and interests of survival,development and spiritual interests.In addition,the debtor’s existing property,such as the debtor’s home,needs to be discussed because of its great economic value,and the debtor’s property acquired after the commencement of insolvency proceedings needs to be focused on because of the uncertainty,complexity and far-reaching effects of the property value.