A Study On The Scope Of Free Property In The Personal Bankruptcy System ——Taking The Regulations Of Shenzhen Special Economic Zone On Personal Bankruptcy As An Example

In the long process of development,China’s bankruptcy law has always paid attention to the enterprise bankruptcy law,while ignoring the development of individual bankruptcy law.With the development of economy and society,the personal bankruptcy system and the problem of free property have attracted more and more attention from scholars and the public.The free property in the personal bankruptcy system refers to the specific property reserved for the debtor for the purpose of protecting the survival,development and other rights of the debtor and his defendants,which is determined by the creditor’s meeting or the court.This not only reflects the protection of the interests of creditors,but also considers the protection of their rights from the standpoint of debtors and their defendants,and tries to balance their interests.Among the existing provisions in China,the regulations of Shenzhen Special Economic Zone on personal bankruptcy is one of the earliest normative legal documents to define the scope of free property.In the future,China is likely to introduce national legislation in the field of personal bankruptcy,which needs to clarify what is the free property in the personal bankruptcy system,clarify the relationship with similar concepts,and clarify the original intention of system design in the process of combing the development of the system.By comparing the legislative models and main contents of the scope of free property in the personal bankruptcy systems of different countries,this paper further interprets the rationality of the formulation of the relevant provisions of the regulations of Shenzhen Special Economic Zone on personal bankruptcy.In addition,through the comparative analysis of the legislative provisions of free property in countries with typical development of extraterritorial personal bankruptcy system and typical practical cases in China,the problems arising from the application of the provisions on the scope of free property in the regulations on personal bankruptcy of Shenzhen Special Economic Zone to judicial practice gradually appear.How to fully coordinate the conflict of interest between creditors and debtors and determine the upper and lower limits of free property value is a problem that needs to be further improved.At the same time,the gap in legislation can be filled by increasing the treatment of property acquired after the commencement of bankruptcy proceedings and adding relevant provisions on special property.The practice of personal bankruptcy is in full swing,in which the free property system as the cornerstone needs to be widely concerned,and the provisions on its scope need to be more clear,which is conducive to the continuous improvement of the personal bankruptcy system.