Legislative Model And System Construction Of Individual Bankruptcy Exemption

Personal bankruptcy exemption system is an important part of the personal bankruptcy system.It is an important system to protect the rights and interests of the debtor in the personal bankruptcy system.It occupies a core position in the personal bankruptcy procedure.The personal bankruptcy exemption system was born in the UK.After a long time of practical development,it has been accepted by many countries in the world and confirmed by legislation.China has also tried to introduce the personal bankruptcy exemption system into the legal system,but it failed to take shape in the end.At present,China’s social economy is developing rapidly,and more and more natural persons have participated in social and economic activities.The existing legal system can no longer meet the needs of dealing with the disputes of individual creditor’s rights and debts in the current society.The social demand for individual bankruptcy exemption system is becoming increasingly obvious.The first part of this paper summarizes the historical development and value concept of personal bankruptcy exemption system and the current situation of personal bankruptcy treatment in China.Through the comparative analysis of the value orientation of personal bankruptcy treatment and the concept of personal bankruptcy exemption system in China,it expounds the personal bankruptcy exemption system from a macro perspective.The second part of this paper mainly analyzes the feasibility and necessity of establishing personal bankruptcy exemption system in China.Through the analysis of China’s current social and economic development,the relationship between personal bankruptcy exemption system and credit system,and the development of social security system,this paper expounds the feasibility of establishing personal bankruptcy exemption system;Through the analysis of the problem of difficult execution in China’s judicial work,the benefits of introducing the personal bankruptcy exemption system to solve the problem of difficult execution,and on the macro level,you can establish a debt risk sharing mechanism to explain the necessity of establishing the personal bankruptcy exemption system.The third part is a comparative analysis of the evolution process of individual bankruptcy exemption system and the choice of legislative mode in various countries and regions.Through the discussion of the specific commencement of bankruptcy exemption procedure,the effect of bankruptcy exemption,the choice of non exemption reasons and the reflected social benefits,it tries to extract the experience that can be used for reference in the establishment of individual bankruptcy exemption system in our country.Based on the comparative analysis of foreign legislative experience,starting from China’s social background and the current situation of judicial work,the fourth part discusses what legislative model and reasons should be adopted for the establishment of personal bankruptcy exemption system in China,as well as the perfection of the supporting system of personal bankruptcy exemption system,including the start of personal bankruptcy exemption,the effect of bankruptcy exemption,the provisions of no exemption reasons The establishment of exemption property and the establishment of individual bankruptcy registration system put forward their own suggestions.