Try To Discuss The Free Property System In Personal Bankruptcy Of Our Country

The free property system is the cornerstone of the personal bankruptcy system,and the free property system is the most characteristic of the personal bankruptcy law compared with the enterprise bankruptcy law,its system design can not be separated from the purpose and function of personal bankruptcy law.The first chapter discusses the legitimacy of the free property system in personal bankruptcy from the perspective of“The methodology of interest measurement” and“The theory of transaction costs”,as a cross-interest“Transaction”,so only flexible processing,reduce the waste of resources,in order to ensure that creditors and debtors get the best treatment.The second chapter combs the legislative status of the free property system in the individual bankruptcy in our country from five aspects: the free property renunciation,the scope of the free property,the subject condition of the free property system,the declaration system and the related relief regulations.The third chapter focuses on Shenzhen,Zhejiang,Shandong and other places combined with the status quo of the judicial case analysis.Chapter IV combines the above-mentioned legislative and judicial experience of the judicial exploration of the system of free property in personal bankruptcy in various parts of our country,and draws lessons from the advanced extraterritorial legislative experience of the anglo-american legal system and the continental legal system of the United States,Germany,etc.,it was essential to address the legislative approach to the scope of free property,including the reasonable setting of the maximum value of free property,and the issue of obtaining a scientific disposition of property from the beginning to the end of insolvency proceedings.And in the judicial practice of the free property system,in addition to denying the effectiveness of the act of giving up the free property and clear the scope of the subject of the free property system.We should also pay attention to the imperfections of the relevant supporting systems,and put forward countermeasures from the aspects of the property declaration system and the relief problems of multi-subjects,so as to promote the better practice of the free property system,with a view to the future of our country to establish a sound personal bankruptcy in the free property system to provide advice.