Research On Personal Bankruptcy Exemption

At present,China’s socialist market economy system has entered a stage of rapid development,and the operating costs of the market economy system are often affected by the smoothness of each market entity’s participation and exit from the market.As one of the most active subjects in the market economy,the smoothness of natural persons’ participation in the exit from the market will have a huge impact on the operation of the market economy system.However,China’s relevant system on personal bankruptcy is not perfect,natural persons often fall into debt deadlock for various reasons,there is no effective exit mechanism,work and life face difficulties,and bear both material and spiritual pressure.As the basic system of the personal bankruptcy system,the establishment and improvement of the personal bankruptcy exemption system will play a key role in the effective participation and exit of individuals from the market,and is an indispensable condition for honest and unfortunate debtors to make a comeback.Britain,the United States,Germany and Germany and other countries took the lead in putting forward the concept of personal bankruptcy exemption as early as the beginning of the 18 th century,and China’s establishment of personal bankruptcy exemption system started late compared with Britain,the United States and Germany and other countries.At present,these countries have established relatively complete exemption models and relevant institutional systems.For this reason,these countries have also provided a lot of historical experience as a reference for the establishment and improvement of China’s personal bankruptcy exemption system.The first chapter of this paper introduces the origin and development of the personal bankruptcy exemption system,mainly from the extraterritorial development of the personal bankruptcy exemption system and the development of China.Then the second chapter analyzes the typical cases,legislative status and judicial status of the pilot area of the personal bankruptcy exemption system in China,and summarizes the typical problems in the pilot area: lack of superior law,unclear scope of free property,vague identification of "honest and unfortunate" debtors,and poor channels for financial institutions to participate in personal bankruptcy.Chapter III,On the basis of combining China’s national conditions and the actual situation of relevant pilot areas,solutions to the above problems are proposed one by one.From proposing to draw on mature experience outside the territory,improving the basis of superior law,to clarifying the applicable rules of the free property system,and then further clarifying the standard of proof of "honesty",suggestions are made on the construction of a personal bankruptcy exemption system.