Study On The Disqualification And Rehabilitation Of Personal Bankruptcy

At present,our country is vigorously promoting the construction of personal bankruptcy system.In order to encourage and supervise the debtor,it is necessary to set up rules for the loss and restoration of debtors’rights in the individual bankruptcy system,and impose certain restrictions on the rights and conditional release restrictions on debtors entering bankruptcy proceedings.In the general framework of individual bankruptcy,the system of disqualification and rehabilitation is not formed overnight.It has been developed through a long history and ongoing practice in many countries and regions.That system protects the rights of creditors to the greatest extent,and achieves the purpose of warning and saving debtors.At the same time,it takes into account the interests of creditors,debtors and the whole society,and pursues the overall utility of the society.Based on the experience of other countries and regions and the current situation of our country,it is of great significance to study and discuss the system of disqualification and rehabilitation in the field of personal bankruptcy.According to the Regulations on Personal Bankruptcy of Shenzhen Special Economic Zone,China’s first local legislation on personal bankruptcy,the loss of debtors’rights include restrictions on the amount of loans,high consumption,professional qualifications of directors,supervisors and senior executives.The debtors’ rights can be lifted only when they fully pay off the debts and the court makes a decision to release the remaining debts and approves the restructuring plan.That regulation has a milestone significance for the legislation of individual bankruptcy,but there are still some problems,such as the lack of system integrity,small scope of restrictive measures and narrow discretion space of the court.Based on the legislative example adopted by the regulations,this paper points out the gaps and problems in the system of disqualification and rehabilitation.Finally,in the process of carrying out personal legislation,we should combine with advanced experiences of other countries and regions on the basis of related theories.Expand the scope of the restriction of professional qualification of debtors,and use the big data and other information systems to assist practice and strengthen propaganda.Then,improve the cooperation with other supporting systems,for example,with the free property system of personal bankruptcy,the social security system and the bankruptcy legal system,improve the operation mechanism of this system,further optimize the regulations in Shenzhen Special Economic Zone,and provide inspiration and help for the extension to the whole country and the formation of national legislation.