| With the rapid development of market economy,a series of problems,caused by the lack of personal bankruptcy system,have gradually emerged.Against the background of the popularization of personal business behavior and the sharp rise of overdue rate of personal consumption credit in China,the promulgation and implementation of the Regulations on Personal Bankruptcy in Shenzhen Special Economic Zone in 2021 established an opportunity mechanism for honest and unfortunate natural persons to make a comeback.For the natural person who applies for bankruptcy,based on the constitutional concept of "respecting and protecting human rights",it is necessary to reserve the property for the debtor,which is not involved in bankruptcy liquidation distribution,for the basic survival of the debtor and his dependents and the re-development of the debtor’s career.This part of the property is called "free property".Free property system is a unique system in personal bankruptcy,but there is no such provision in corporate bankruptcy.How to determine the scope of debtor’s free property is the core of constructing free property system.Based on the institutional practice and theoretical research in recent years,the existing free property system in China mainly has some problems,such as unclear specific items of free property,failure to specify special components of the scope of free property,and lack of legal regulation on special disposal behaviors affecting the scope of free property.These problems lead to great differences in the determination of the scope of free property in handling personal bankruptcy cases.In order to resolve the differences,we should define the specific sub-items of personal bankruptcy free property,fully consider China’s current national conditions,and set sub-items suitable for the existing "soil" of society from the realistic social,economic and judicial environment.Then,when dealing with special property,such as the property acquired after the debtor’s bankruptcy,home residence,unpublished inventions and unpublished works,domestic animals,land contractual management rights and other properties,we should analyze them in detail and build a localized special property type that conforms to China’s national conditions.In addition,the law should clearly stipulate which behaviors are prohibited and can be implemented,as well as the limits of implementation of the debtor’s disposal behavior when they use free property,finally to build a localized free property system in China. |
