| With the continuous development of economy and society,there are a large number of borrowing consumers,and people’s expenditure and burden of assets are also on the rise.Excessive consumption expenditure leads to a large amount of debt,which makes natural person debtors trapped in a dilemma between their own survival and the maturity of debt.Due to the incomplete legislation of bankruptcy in China,it is difficult for the natural person debtor to seek bankruptcy system or other debt withdrawal mechanism.At present,the natural person bankruptcy system has not been established in Our country.This paper mainly studies the framework of the free property system in the natural person bankruptcy.As one of the special entity systems in the natural person bankruptcy,the establishment of the system needs to rely on the premise of constructing the natural person bankruptcy system.As an important part of promoting the legislation process of natural person bankruptcy system,the free property system not only reflects the “humanitarian” concern in the civil execution procedure,gives the debtor the protection of human rights after applying for the declaration of bankruptcy,and provides the bankrupt with the protection of certain property after seeking "rebirth".Moreover,it is also one of the systems for creditors to realize their creditor’s rights smoothly,properly solve debt disputes and maintain economic and social stability.Therefore,it is necessary to study the free property system and put forward the specific legislative ideas to establish the system.Based on the reasons for the bankruptcy of the debtor,this paper takes the protection of the debtor’s right to survival and development as the background,chooses the free property system as a specific entry point,and discusses the framework of the free property system in the bankruptcy of natural persons in China.Therefore,this paper is mainly divided into three parts: introduction,body and conclusion.The body is composed of the following five parts:The first part is an overview of the free property system in the bankruptcy ofnatural persons.The establishment of the free property system needs to take the construction of the natural person bankruptcy system as the premise.Secondly,the concept of free property and the discrimination of free property and related concepts,and explore the historical evolution of free property system and its changes,and analyze its future development trend;Finally,the aim of establishing free property system in natural person bankruptcy is put forward.The second part is the analysis of the current situation of establishing the free property system in China.Through the analysis of the legislation and judicial status quo and problems of establishing the free property system in China,this paper points out the legislative obstacles of establishing the free property system in the bankruptcy of natural persons in China,and lays a foundation for the establishment of the system.The third part analyzes the necessity and feasibility of establishing the free property system in China.In view of China’s national conditions and the relevant legislative situation,this paper analyzes the necessity of establishing the free property system in China,and demonstrates the feasibility of establishing the free property system in China.The fourth part,at present our country has not established the free property system,we need to borrow other mountains to study the foreign(regional)relevant free property legislation.The legislative investigation of the free property system mainly focuses on the countries(regions)of the civil law system and the Common law system.By studying the legislative model and content of the system in foreign countries(regions),the author hopes to provide legislative experience for the establishment of the free property system in China.The fifth part is the construction of the free property system in the bankruptcy of natural persons.Through the theoretical preparation and demonstration of the above parts,the construction of the free property system in the bankruptcy of natural persons in China is mainly from the principles,legislative mode,special factors,content scope,procedure and other aspects that should be considered in the establishment of the free property system. |
