The Construction Of Individual Bankruptcy Exemption System

Nowadays,most countries in the world have established personal bankruptcy exemption systems,while China has not yet implemented unified legislation on personal bankruptcy,only conducting pilot projects in some regions.With the promulgation of the Shenzhen Special Economic Zone Personal Bankruptcy Regulations,exploration and practical activities on personal bankruptcy systems are in full swing in various regions of China.As the core content of the personal bankruptcy system,the personal bankruptcy exemption system plays an important role in rescuing "honest but unfortunate" debtors,solving enforcement difficulties,and optimizing the business environment.The author believes that the construction of the personal bankruptcy exemption system in China should be based on the national conditions,and on the basis of fully summarizing the practical experience of pilot areas in China,examining and drawing on foreign legislative experience,and constructing a personal bankruptcy exemption system that is in line with the laws of socialism with Chinese characteristics in China.This article is mainly divided into four parts.The first part explains the basic theory of the personal bankruptcy exemption system.Firstly,it clarifies the concepts of "personal bankruptcy" and "bankruptcy exemption".Secondly,it introduces the origin and development of the personal bankruptcy exemption system.Finally,it discusses the legitimacy theory of the personal bankruptcy exemption system,including debtor cooperation theory,humanitarian theory,and social utility theory.The second part provides a detailed analysis of the legislative and judicial practices of the personal bankruptcy exemption system in relevant pilot areas of China.Firstly,it collects and organizes the regulations on personal bankruptcy exemption issued in various regions of China in recent years,analyzes the specific content of personal bankruptcy exemption in pilot areas of China,and analyzes the judicial practices in Zhejiang and Shenzhen regions,and selects typical cases for discussion,Summarized the experience and shortcomings of individual bankruptcy exemption practices in pilot areas in China.The third part conducts an extraterritorial examination of personal bankruptcy exemption,comparing the different provisions of different countries on the specific content of personal exemption and their inspiration for China.The fourth part proposes suggestions for the specific content of establishing a personal bankruptcy exemption system in China in the future,based on the practical experience of pilot areas in China and the socio-economic development situation.The suggestions mainly include the selection of legislative models,the scope of application of the subject,the exemption inspection period,exceptions to bankruptcy exemption,the effectiveness of exemption,and the revocation of exemption.