| It is well known that China's current bankruptcy law is half of the bankruptcy law,once it falls into a debt crisis,organizations such as corporate legal persons can achieve an orderly delisting in accordance with the "Corporate Bankruptey Law",while natural persons falling into a debt crisis lack the corresponding institutional relief,which is clearly cont rary the requirement of equality of market economy subjects,and this is not.conducive to the good operation of the market economy.Especially today,when personal cross-border investment and cross-border trade are frequent,if cross-border bankruptcy practices involve the overseas execution of bankruptcy property,how to link up with the bankruptcy proceedings of countries t hat have established individual bankruptey systems is an important issue.Under this background,,it is of urgent practical significance to speed up the establishment of a Chinese individual bankruptcy system.Looking at the individual bankruptey legal systems of major countries in the world,its legislative purpose is not only to help the debt disputes of the debtors to be resolved smoothly,but also to maintain the debtor's basic dignity and regain confidence in lite.It is most consi stunt with the core value of economic regeneration.The individual rehabilitation procedure is the individual reorganization procedure,which is the mainstream procedure of individual bankruptcy legislation in various countries.Therefore,the main content of this article is mainly around the rehabilition procedure in the individual bankruptcy system.The first chapter is about the basic theory of individual rehabili tation procedures.First,we need to analyze the concepts of "individual bankruptcy","natural person bankruptcy",and "consumer bankruptcy".On this basis,we explain the historical development of individual rehabilitation procedures in the individual bankruptcy system.The initial prototype of the bankruptcy law refers to the bankruptcy law of merchants,there is no universal bankruptcy legal system applicable to all individuals.The early application of bankruptcy by merchants is considered to be a manifestation of poor reputation,and creditors can pursue their debts for a lifetime.There is no concept of"rehabilitation".Until the 1960s,with the opening of credit markets in vari ous countries and the emancipation of consumption concepts,in the face of the increasing number of individual bankruptcy cases,countries began to amend the bankruptcy legal system one after another.At this time,from the early stage of merchant bankruptcy to general bankruptcy,only then began to appear the provisions on individual rehabilitation procedures.After introducing the historical development background,it is necessary to compare the l egi slative model of the indiv i dual rehabilitation procedures in the Anglo-American legal system and the civil law system.The Anglo-American]egal system mainly adopts the "free choice" legislative model,and the civil law system mainly adopt s the "pre-mandatory" legislative model.The difference is whether the law intervenes in the parties' choice of individual rehabilitation procedures.The final part of Chapter 1 also briefly mentions the issue of cross-border bankruptcy in individual rehabilitation procedures,which mainly focuses on jurisdiction,application of law,and recognition and enforcement of procedures,paving the way for the fol lowing specifie explanationsThe second chapter is based on the basic theory of the first chapter,and selects representative individual rehabilitation procedures of the Uni ted States,Germany,Japan,and South Korea for comparative analysis.The individual rehablitation procedures have different names in different countries,it is called Chapter 13 Individual Debt Adjustment Procedure in the United States,and it refers to the in-court debt settlement plan negotiation procedure in Germany.It is callled the individual regeneration procedure in.Iapan and the individual reorganization procedure in Korea.Among them,only Germany is a "pre-mandatory" legislative model,that is,the debtor can only enter the second stage of the in-court debt settlement plan negotiation procedure after undergoing the first stage of the out-of-court debt settlement plan negotiation procedure.The United States,Japan,and South Korea all adopt a "free choice" legislative model,debtors can directly appl y for individual rehabilitation procedures as debt consolidation procedures.This chapter will focus on comparing the conditions for the approval of the debt settlement plan in these countries' individual rehabi li tation procedures,the repayment period,and the way in which the remaining debt is forgiven.Chapter 3 focuses on the analysis and interpretation of cross-border bankruptcy issues in individual rehabilitation procedures,which involve more conflic ts of laws,including conflicts of jurisdiction,conflicts of application of laws,and the recognition and assistance of foreign bankruptey procedures,especially the recognition and assistance of individual rehabilitation procedures,because the debt settl ement plan reached in this procedure has substantially changed the ri ghts and obligations of both debtors,so its core is about the recognition and assistance of the debt settlement plan.Because EE countries have the highest degree of integration,the cross-border movement of people and cross-border consumption are relatively frequent,and individual debtors will also fall into cross-border bankruptcy cases under certain circumstances.Therefore,this chapter will rely on the"Council regulation(EC)No 1346/2000 of 29 May 2000 on insolvency proceedings(EU Regulations on Bankruptcy Procedures)" to discuss the legal conflicts of cross-border bankruptcy and how to resol ve these conflicts.The final chapter ends in China,starting with the current domestic di scussions and practices on individual bankruptcy legi slation,and discussing the negative impact brought by the absence of individual bankruptcy system,mainly from the political,social,legal and economic level s to analyze the urgency and reality of establishing an individual bankruptcy system in China.On thi s basi s,di scussing several issues concerning the construction of individual rehabilitation procedures in China' s individual bankruptcy sy stem,mainly focusing on "the connection between the out-of-court negotiation procedures and the individual rehabilitation procedures in the court"," the issue of exemption system licensing in individual rehabilitation procedures",and "the issues of preventing personal abuse of bankruptcy procedures".At.the same time,on the basis of the previous di scussion,we will briefly discuss cross-border bankruptcy issues involving Chinese individual rehabilitation procedures.Starting from the current Chinese legal system on cross-border bankruptcy,we will summarize the legislative gaps in jurisdiction,applicable law and judicial assistance.Based on the experience of EU and China' s national conditions,i t proposes the construction of a cross-border bankruptcy legal system for Chinese individual rohabilitation procedures for these three aspects. |
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