Study On The Identification Rulesof Honest Debtor In Perssonal Bankruptcy

Personal bankruptcy system is an effective means to save honest debtors.However,the personal bankruptcy system can bring immunity to the debtor,but also may be as a channel to escape debt by dishonesty debtors.Therefore,this article will be combined with domestic and foreign laws and regulations on personal bankruptcy or quasi-personal bankruptcy,scholars’ research views,as well as the example of the enterprise bankruptcy,to construct rules on the question of the judgment of the honest debtor,and to improve the personal bankruptcy system,and plays a role in promoting the development of the rule of law.The full text is divided into four parts,with a total of 33,000 words,in addition to the foreword and conclusion.The first part is to determine the theoretical basis of the personal bankruptcy system.First of all,the thesis defines the scope of personal bankruptcy system,by the concept of bankruptcy and personal understanding.Secondly,analyzing the historical basis aspects of personal bankruptcy system.Finally,the positive and negative effects of personal bankruptcy system are analyzed to demonstrate the necessity for strict recognition of honest debtors.The second part is talking about the legislation status and problems of the integrity behavior of individual bankruptcy system.From the perspective of the existing legislation,our country preliminarily defines the identification of the honest debtor and tries to list the common manifestations.However,the legislation at present has no no specific identification rules and fails to analyze the whole process of normal production and living management,and fails to put forward the honest standard of the debtos’ profession.Also,there is no perfect credit system and the corresponding relief system at present.The third part is about type analysis and identification of the credit behavior of the individual bankruptcy debtor.Integrity is not only reflected in bankruptcy,so it is necessary to examine the integrity of individual behavior in business or life.To investigate whether the debtor is honest,mainly start from the behavior,combined with its subjective mentality.Therefore,it can be divided into three time periods,before the signs of bankruptcy,between the bankruptcy signs and the court accepts the bankruptcy application and after the court accepts the bankruptcy application.The key behavior of the debtor at each stage is investigated to analyze whether the debtor is honest.The fourth part puts forward the suggestion to improve the identification rules of individual bankruptcy integrity debtors in China.First,list the behaviors of common and key debtors that need to be investigated to guide the identification of the honest debtors;second,in order to make more convenient and effective identification,a special chapter can be set up to integrate the contents of the identification of the honest debtors;third,improve the construction of the personal credit system to provide sufficient information for the identification of the honest debtors;fourth,improve the professional level of the identification of the honest debtors;fifth,improve the legitimate rights and interests of the dishonest debtors.