Research On The Legislation Of Personal Bankruptcy Exemption In My Country

Personal bankruptcy exemption system is not only a special system of personal bankruptcy law,but also an important content of personal bankruptcy law.China’s long-term legislation focuses on the establishment and improvement of enterprise bankruptcy,but personal bankruptcy is difficult to ascend the historical stage,so it is called "half bankruptcy law".However,with the development of China’s economy,the personal debt crisis is increasingly aggravated due to the continuous growth of personal consumption credit.At the same time,personal debt cases "difficult to execute" has become a stumbling block,the personal bankruptcy exemption as a means of debt relief is increasingly high.The United States,Britain,Japan,Germany and Chinese Hong Kong take the lead in the legislative and judicial practice of personal bankruptcy exemption,forming a very distinctive experience.The promulgation of personal Bankruptcy Regulation of Shenzhen Special Economic Zone is the icebreaking journey of personal bankruptcy legislation in China.The conclusion of the first case of personal bankruptcy in China is of epoch-making significance,which marks a solid step in the legislation and practice of personal bankruptcy exemption.By redefining "failure" from the perspective of legal norms and judicial practice,the debtor can get a chance to start over in economic life.The specific standard design of the personal bankruptcy exemption system in China can refer to the mature experience of foreign countries,according to the actual national conditions of China,from the legislative model,subject range,positioning of elements,legal effect and other aspects,gradually build the personal bankruptcy exemption system from point to surface.In addition,relevant supporting institutions should be included and personal bankruptcy crimes should be regulated,so as to create a reasonable and possible exit mechanism for "honest but unfortunate" debtors and help them regain their new life.