Research On Legal Issues Of Restriction Of Debtor’s Conduction In Personal Bankruptcy

The restriction of debtor’s behavior in Personal Bankruptcy is an important part of the balance mechanism of personal bankruptcy liability.It is also the guarantee for the individual bankruptcy system to play its role as a market exit mechanism.With the rapid development of socialist market economy,various forms of ownership develop together under our economic system.The individual economy is also having more and more influence on the macro economy.At the same time,some economic problems coexist with economic development are gradually revealed.A large number of investment,consumption and credit behaviors appear in the active economic environment,and creditor’s rights and debt relations exist in large numbers,which providing the personal bankruptcy system in our existence soil.In this context,our legal system only provides the enterprise bankruptcy system,and the bankruptcy system has been in an imperfect state.With the impact of COVID-19 on the social and economic environment,the establishment of the personal bankruptcy system has become an inevitable trend.The Regulations of Shenzhen Special Economic Zone on Personal Bankruptcy is the first step.This paper uses cases to elicit questions,analyzes and studies the jurisprudence on the restrictions on the behavior of personal bankruptcy debtors,and seeks suggestions for the improvement of the system.The first part of the main text raises questions and analyzes the legal problems of the debtor’s conduct restriction provisions in the personal bankruptcy regime from the existing judicial typical cases.The second part conducts problem analysis,discusses the key issues,analyzes the experience of the system in various countries and regions,and dissects the problems in the context of our national situation.The third part puts forward suggestions for improvement,combining the theoretical vision of personal bankruptcy debtor behavior restriction with the current situation of the rule of law,and returning to the real system to explore the Chinese model of personal bankruptcy debtor behavior restriction system.In order to achieve the personal bankruptcy system to "honest and unfortunate debtors" relief,while trying to protect the interests of creditors,for the development of China’s personal bankruptcy system to make a modest contribution.