| The phenomenon of "difficulty in enforcement" is currently the main problem that troubles my country’s judicial enforcement agencies in resolving the contradiction between creditors and debtors.The main reason is that the entry threshold for natural persons in my country to enter the market and participate in economic activities is lowered,personal economic risks increase,and the ability to bear risks Insufficiency has led to the problem of "inability to enforce" that the debtor has no assets for enforcement in many cases.Therefore,with regard to the current status of enforcement,a targeted establishment of a personal bankruptcy system is an important way to alleviate the difficulty of enforcement.The establishment of a personal bankruptcy system can firstly enable debtors who are caught in the debt whirlpool and unable to pay off to find a way to withdraw from debt relationship disputes,protect the debtor’s basic right to survival and development,and give the debtor the hope of a resurgence.On the other hand,it can effectively protect the creditor.The creditor’s rights can be realized to a certain extent to ensure the smooth progress of the implementation.One of the important purposes of the establishment of the personal bankruptcy system is to resolve the debtor’s withdrawal mechanism in the case of"enforcement failure" and effectively resolve social conflicts and disputes.Through the analysis and reference of typical cases and related legal systems outside the territory,combined with the actual situation of China’s current enforcement work,and from a macro perspective,construct a legal system framework for the personal bankruptcy system,with a legislative model that clearly permits exemption from liability and supplements with automatic exemption,Make reasonable arrangements for the connection of the "enforcement transfer and break" procedures of the personal bankruptcy system,and at the same time,establish a free property,loss-of-rights restoration,and personal bankruptcy supervision in line with China’s national conditions by setting up a leniency and strict access system and an exemption system The system guarantees that debtors can earn a new life and protects the legal interests of creditors.It is the best way to break the barriers of "difficulty" or "impossibility"encountered in compulsory enforcement. |
