Research On The Exemption System Of Personal Bankruptcy

The biggest difference between individual bankruptcy exemption and legal person bankruptcy exemption lies in the fact that individual debtor still needs to continue to participate in social life as a member of society after the end of the bankruptcy procedure.In order to help the debtor better return to social and economic life,the personal bankruptcy exemption system came into being.Personal bankruptcy exemption system on the one hand can enhance the debtor’s motivation to apply for bankruptcy,can make the debtor avoid evading debt,reduce the loss of creditors,at the same time,the more important significance is that the bankruptcy exemption system gives honest and unfortunate bankrupt debtors a chance to recover,and makes it possible for them to continue to participate in economic activities in the future after suffering economic blows.The purpose of exemption from personal bankruptcy is mainly to encourage debtors to take investment risks and social groups to actively participate in social and economic activities,so as to reduce the burden of the government while prospering the society.This paper takes the debt exemption system in the personal bankruptcy as the research object,taking the basic understanding of the personal bankruptcy exemption system,the model of the bankruptcy exemption system,the legal practice and inspiration of the bankruptcy exemption system,the specific design of the bankruptcy exemption system and the procedure regulation as the main content.This paper is mainly divided into the following three parts:The introduction,as the beginning of this paper,briefly introduces the significance and background of the topic and reviews the domestic and foreign literature,as well as briefly introduces the research methods of this paper.The first chapter is the basic understanding of the personal bankruptcy exemption system.In the first section,the author first introduces the definition of bankruptcy exemption system.The second section introduces the development of the bankruptcy exemption system in the world and in China.The third section discusses the theoretical support of the bankruptcy exemption system.The last section puts forward the challenge of bankruptcy exemption system in our country.The second chapter mainly introduces the model of bankruptcy exemption system in the world and analyzes the development direction.The first section mainly compares and analyzes the main legislative modes of the bankruptcy exemption system and summarizes the choice of the legislative modes in China.The second section is mainly combined with the national conditions of each country on the introduction of legal practice.The last section is the revelation of extraterritorial laws to our country.The third chapter mainly discusses several specific problems in the bankruptcy exemption system,including the conditions of exemption,the scope of exemption,the debts not exempt from exemption and the specific procedures of exemption from bankruptcy.As long as the conclusion of the article summarizes the basic ideas and content of the body and concludes the whole text.