Research On The Solution To The Problem Of Natural Persons’ Execution Inability

"Difficulty in enforcement" is not only a judicial dilemma,but also a complex social phenomenon.Great progress has been made since the local courts launched the battle to "basically solve the difficulties in enforcement" in March 2016.However,some cases of natural person’s execution inability still cannot be effectively resolved.Such individual cases with no assets to be executed cannot exit the execution procedure due to lack of institutional guarantees,leading to long protraction of the cases.As a result,not only the applicants cannot realize their rights,but also the persons subject to execution are often faced with legal punishment;at the meantime,it is very easy to raise people’s doubts on the authority of judiciary.Therefore,it is extremely urgent to find a reasonable exit path for cases where natural persons cannot be executed.In 2019,under the overall deployment of the "Accelerating the Improvement of the Reform Plan for the Exit System of Market Subjects",jointly issued by the National Development and Reform Commission,the Supreme People’s Court and other departments,Zhejiang Province,Shandong Province and other places have carried out debt liquidation similar to individual bankruptcy.Shenzhen Special Economic Zone first completed the local legislation on individual bankruptcy,which was officially implemented in March 2021.These measures show that China is actively exploring the construction of an individual bankruptcy system.The individual bankruptcy system forgives part of the debtor’s debts under the premise of ensuring all creditors’ fair compensation,allowing the "honest but unfortunate" debtors to exit the market in order and regain a new life.The implementation of the system in our country will provide a new solution to the problem of natural persons’ execution inability.This thesis focuses on the solution to the problem of natural persons’ execution inability.First,based on the relevant data collected from S City G District People’s Court,H Province,China,the writer analyzes the severe situation of natural persons’ execution inability in judicial practice,and comments on the existing settlement mechanisms such as participation in distribution,termination of this execution procedure,execution reconciliation,enforcement measures,execution relief and so on,pointing out that it is necessary to build an individual bankruptcy system in order to effectively solve the problem of natural persons’ execution inability.Furthermore,the entity and procedural rules of the individual bankruptcy system are studied,and the necessity of building an individual bankruptcy system in China is demonstrated from the aspects of balancing interests,making up for shortcomings,and improving efficiency.Subsequently,the writer analyzed the main problems existing in the process of China’s current exploration of establishing an individual bankruptcy system through the study of centralized liquidation of personal debts in Zhejiang and the local legislation of individual bankruptcy in Shenzhen.Finally,learning from the advanced experience of foreign countries and focusing on the resolution of the execution inability,several specific suggestions are put forward: Regarding the problem that the scope of free property in the current relevant regulations is too general and general,it is recommended to strictly limit the conversion of self-owned property and debtor’s property to prevent the personal bankruptcy system from becoming a tool for the debtor to maliciously evade debt;for the issue of bankruptcy debt exemption that is unacceptable to the public,It is necessary to rationally formulate the scope of debt exemption,clarify the scope of application of debt exemption,and clarify that general debts can be exempted and special debts are not exempted on the basis of permitted exemption;in addition,the scope of restrictions on loss of power restoration should be further expanded,and the threshold for bankruptcy liquidation should be increased.The personal bankruptcy system can better perform its functions;indeed,the most important thing is to build a connection between the execution procedure and the personal bankruptcy system,including the separation of the function of personal bankruptcy in the distribution system and the exploration of transferring the personal bankruptcy system.In this way,we can construct the China’s individual bankruptcy system as soon as possible,and unblock the exit mechanism of cases of natural persons’ execution inability.