Study On The System Of Loss Of Right And Recovery Of Right In Personal Bankruptcy In China

The construction of individual bankruptcy system is a legal project of a system,and the loss of power and power system is an effective means to balance the interests of debtors and creditors.The personal bankruptcy procedure includes liquidation,reorganization and reconciliation,which is typical of the clearing process.This paper mainly discusses the legislative mode,the subject qualification,the supervision period,the content of the loss of the right,the design of the power condition.According to the legislative mode selection of individual bankruptcy,the legislative pattern of the failure of the system of failure is mainly the two kinds of legislative cases,and the legislative pattern of the complex power system is mainly the three kinds of legislation of the reform of the complex power,the licensing of the license and the hybrid.In view of the unsound and unsound measures such as personal property registration and personal credit system,the number of bankrupts is complicated,and the future may be able to fill the court with a number of bankruptcy applications,and the limited judicial resources are distributed in the general way,and the other things that need judicial supervision are more efficient.The choice of the power of loss is of course formalism,and the complex power is appropriate for the use of mixed restoration.In general,natural person’s bankruptcy can be divided into two categories: one is declared bankrupt because of the failure to pay off the maturity of the debt.The second is that payment cannot be paid for consumer borrowing,which is declared bankrupt.Due to the traditional treatment of debt in our country,the exemption of the bankruptcy exemption,especially because of the low basis of the people’s acceptance of the individual consumer bankruptcy disclaimer,can be rooted in a system,depending on whether the national situation is suitable.China is a vast country with a large gap in the east and west,a large gap in urban and rural areas,and a lack of professional bankruptcy service teams,which is difficult to filter out of the system design and the failure of a highly fraudulent consumer.Therefore,at this stage,China should not give the consumer bankruptcy the main qualification.On the concrete construction of individual bankruptcy,the existing legislative experience of the countries(regions) and the existing legislation in shenzhen of China are mainly included in the limitation of professional qualification and economic rights,and the economic rights include high consumption and financial lending freedom.In the early days of the individual bankruptcy construction of China,the bankruptcy of the bankrupt should be given a more strict loss authority,and the scope and strength of the loss of the right of the shenzhen ordinance are strengthened.In the case of the limitation of power of loss,the people’s court shall also need to know if there is a bankruptcy experience before the application of the debtor,and the specific loss of the jurisdiction of the referee shall be understood in the case of the debtor.Moreover,as a prosperous and active first-tier city in China,shenzhen has been set up for three years,but it is necessary to extend the personal bankruptcy system to the whole country,and it is necessary to extend the period of loss of rights,and increase the institutional cost of bankruptcy fraud to further reduce the possibility of personal evasion.In the course of the legal consequences of the loss of the right of power,the court of the court shall be able to extend the exemption of the exemption of the exemption of the exemption of the exemption of the exemption of the exemption of the exemption of the exemption of the exemption of the exemption of the exemption of the exemption of the examination period or the extent of the violation of the circumstances of the violation of the authority system.In the absence of the examination period,the situation may be made by the establishment of a perfect personal bankruptcy crime,and a criminal means to regulate the violation of the rights system.