Study On An Exemption System For Natural Persons In Insolvency

People generally think of enterprises when they mention "bankruptcy" in China.It is rarely heard that natural persons can also apply for bankruptcy.It is even more unbelievable that natural persons can be "exempted" after bankruptcy.Foreign sources have shown that the bankruptcy of natural persons precedes the bankruptcy of corporations.Due to the departure from the concept of "criminalism" originally implemented by bankruptcy of natural persons and the modern civilized society,it was gradually replaced by the concept of "bankruptcy exemption".The natural person bankruptcy exemption system advocates equal protection for creditors and debtors,and is an important part of the natural person bankruptcy system.It is no exaggeration to say that once the former is lacking,the implementation effect of the latter will be greatly reduced.Therefore,many foreign countries have stipulated the natural person bankruptcy exemption system.Domestic modern legislation has introduced the natural person bankruptcy exemption system.Due to the influence of a specific social background,the above-mentioned relevant regulations are only a flash in the pan,and have not been put into practice.The "Corporate Bankruptcy Law(Draft)" in 2004 tried to regulate the bankruptcy and exemption system for natural persons.Unfortunately,the relevant regulations were deleted in the final review on the ground that the legislation was inappropriate.Domestic scholars have conducted detailed studies on the theoretical basis,the necessity and feasibility of the establishment of the bankruptcy system for natural persons,and the design of procedures.However,the introduction of the exemption system is relatively general and lacks systematicity.Therefore,the foreign legislation experience and lessons of the exemption system,The design stipulated by law and the improvement of related supporting systems can be discussed in more depth.The improvement of the domestic market economic system and the rapid development of Internet technology have enabled more and more natural persons to easily participate in economic activities,such as active entrepreneurship,credit consumption,and personal investment.Although legal persons and natural persons are in the same market environment,under normal circumstances,legal persons can withdraw from the market through bankruptcy,and natural persons often fall into debt crisis due to poor management or unexpected events,etc.This approach violates the principle of equal protection of civil subjects.Since the supporting system for the exemption of bankruptcy of natural persons is being improved,and the public’s voice for the bankruptcy system of natural persons is becoming stronger,I believe that the establishment of the bankruptcy exemption system for natural persons is only a matter of time.The first part of’ this article mainly analyzes the meaning and historical problems of the natural person bankruptcy exemption system.Only by clarifying the meaning of the system and the historical development process can we continue to explore the system in depth.The second part focuses on the theoretical basis for the implementation of the natural person bankruptcy exemption system.From the perspective of risk distribution theory,sociological theory,legal economic theory and humanitarian theory,etc.,it discusses the justification and superiority of the system at the theoretical level,To pave the way for later analysis and introduction of the system The third part adopts the method of comparative research and uses table tools to analyze the legislative content of the foreign natural person bankruptcy exemption system from multiple levels to summarize the legislative experience and draw inspiration.The fourth part analyzes the practice and exploration of the natural person bankruptcy exemption system in China to help you better understand the exploration of this system in China.In addition,it focuses on the possible obstacles to the introduction of this system in China.The fifth part puts forward specific suggestions on the construction of the system of exemption for natural persons bankruptcy in China,including the elimination of obstacles facing the implementation of the system of exemption for bankruptcy of natural persons in China,and focuses on the basic content of the legislation for the establishment of the system.The relationship between this system and the power recovery system.