Research On Legal Issues Of Individual Bankruptcy Discharge In China

With the accumulation of individual bankruptcy case experience under the pilot of individual bankruptcy and the deepening of academic research on individual bankruptcy theory,people in China are increasingly calling for the establishment of individual bankruptcy system.Maintaining the interests of creditors,saving “honest and unfortunate debtors” is the main goal of individual bankruptcy legislation,which also makes the bankruptcy discharge system in the core position in individual bankruptcy.The system embodies the legal protection and relief functions of the individual bankruptcy law,which can alleviate debtors’ debt stalemate and alleviate the enormous pressure on the debtors’ economy and life,encourage honest debtors to reenter society.Nowadays,many countries and regions have established individual bankruptcy discharge system,but at present,China has not carried out a unified national legislation on individual bankruptcy,but only carried out individual bankruptcy pilot and personal debt liquidation system in a few developed regions.In theory,China’ s research on the individual bankruptcy system mainly focuses on the theoretical basis of the individual bankruptcy system and the necessity and feasibility of establishing the individual bankruptcy system,and the refinement of its specific system is not deep enough.This paper first introduces the basic concepts of individual bankruptcy discharge system,and then sorts out the history of bankruptcy discharge system at home and abroad and discusses the necessity of establishing bankruptcy discharge system.Secondly,through the introduction of the legislative status and judicial status of individual bankruptcy in China,to explore possible problems and challenges of the individual bankruptcy discharge system in the application,including how to identify honest debtors,how to prevent the behavior of debt evasion and the standard problem of the discharge for restructuring plans;Finally,by exploring the legislation and judicial status of individual bankruptcy discharge system in other countries and regions,on the basis of China’ s current legal system construction and social culture,draw lessons from it,formulate individual bankruptcy discharge system in line with China’ s national conditions.Firstly,the identification mechanism for identifying honest debtors is constructed.Secondly,it is suggested to select the mode of license discharge,set the right of revocation for creditors,and limit the debtors’ loss of power and restitution;finally,there should be no one-size-fits-all approach to the standard of discharge ratio,which should be defined according to the actual situation of the insolvency debtor.