Be Free Of Personal Bankruptcy Property Regulation Of Exploration

The exempt property of individual bankruptcy is that in the condition of debt crisis,the subject of individual bankruptcy can get the specific property because of his objective reality,which aims to protect the right to life and development of him and the relatives he should foster.The basis theory of the exempt property is the human rights which carry out in the law,this makes the bankruptcy law begin to protect the profit both creditor and debtor.But in order to protect individual debtors’basical human rights,it depends on appropriate project for the exempt property system.For one thing identification of the exempt property.The aim of protecting the right to life and development of individual debtors and his relatives he should foster is centered in the process of identification of the exempt property,and make sure how to practice this aim.But exempt property could result in certain damage of creditors’profit, so,in the appropriate project of exempt property system,we should pay attention to the profit,keep balance on the profit between creditor and debtor and assure justice.At the same time,comparing with appropriate rules of foreign bankruptcy law,keep a knowledge of the mode of legislation:enumerative legislative model and general style legislative mode. The enumerative legislative model means that in the bankruptcy law,listing the type of exempt property in detail, the composition and value limit of different type of exempt property. And the general style legislative mode means that in the bankruptcy law, it just refers that what property can be regarded as exempt property. As for identification of exempt property in detail, it depends on other relative legislation of exempt property and the discretion of judge. For another thing, the procedure of identification of exempt property. According to investigating the relational rules of foreign bankruptcy law, introducing and analying the request of subject at the time of identification of exempt property, application for exempt property, disagreement of exempt property, abandonment the exempt property, determination of exempt property right and its effect. Besides these, in the approriate project of the exempt property system, it also contains that the individual debtors who enjoy the right of exempt property deal with the exempt property and its effect before they are bankrupt. The debtors’behavior on the basis of this right mainly include making the other property change into exempt property, making use of exempt property to repay the debt and taking exempt property as security. The article will focus on thinking about the legislation of exempt property in the individual bankruptcy of our country behind elaborating the various questions that are included in the system of appropriate layout for exempt property. As for our country, according to the present situation of the bankruptcy law, the problem of the exempt property legislation in the individual bankruptcy law is the range of bankruptcy subject is limited. But because of development of our society,it is necessary and feasibility to bring individual into the category of bankruptcy subject, at the same time, it is laid down in the Constitution that the human rights should be respected and protected. On the background of these, legislation thinking on the exempt property in the individual bankruptcy of our country consists of three aspects:first, make sure the conception of exempt property;next, make sure legislation mode of the exempt property and the scope of exempt property;last, related questions of dealing with the exempt property.