The Study On Preventing Debtors From Escaping And Dissolving Debts In Personal Bankruptcy

In this paper,"Shenzhen Special Economic Zone Personal Bankruptcy Regulations"(hereinafter referred to as Shenzhen Regulations)as the research object,focusing on the analysis of the implementation of the regulations in debt evasion.Although the people’s courts of many Chinese cities have carried out the exploration of "centralized personal debt liquidation",which also has similar functions,objectives and effects with the personal bankruptcy system,it is called "quasi-personal bankruptcy system" in the legal orientation of academia,which is not exactly equivalent to the individual bankruptcy system implemented in the current pilot in Shenzhen Special Economic Zone.Moreover,Shenzhen regulation is the only legislative embodiment of current personal bankruptcy system in our country.Therefore,this article discusses the personal bankruptcy system to prevent the risk of debtors fleeing and debtors’ debts,mainly taking Shenzhen regulation as the research object.The main logic line of this study is: firstly,the current legislative and judicial situation of the personal bankruptcy system is analyzed;secondly,the problems of Shenzhen Regulations in preventing the risk of debtor evasion and default are summarized;thirdly,the causes of the problems are analyzed;finally,relevant countermeasures are put forward based on overseas experience,local exploration inspiration and the reasons behind the problems.Based on this logic,the framework of this paper is divided into five parts.The first part is the introduction.In this part,the research issues of this paper are put forward,including how the current personal bankruptcy system to prevent the risk of debtor desertion and default,the effect of prevention,whether there is still room for debtor desertion and default,if there is how to improve,and literature review,research methods and innovative points are discussed.The second part for personal bankruptcy to prevent the risk of debtors escape debt summary.This paper emphatically analyzes the necessity and feasibility of the establishment of personal bankruptcy system in our country,analyses the connotation of personal bankruptcy and debt evasion,expounds the common ways and reasons of debtor evasion and debt evasion,and sorts out the relevant theories of preventing debtor evasion and debt evasion.The third part is the analysis of the current situation of preventing debtors’ evasion and cancellation risk in personal bankruptcy.Since the pilot implementation of the personal bankruptcy system in Shenzhen Special Economic Zone for more than a year,certain judgment documents,judicial data and typical cases have been released successively.The media have also reported a large number of cases on the personal bankruptcy system from multiple subjects and perspectives.Based on these information,this part focuses on analyzing the current situation of preventing the risk of debtor evasion and cancellation,and the results achieved in preventing the risk of debtor evasion and cancellation.And the inadequacy in the process of preventing debtors from escaping and dissolving debts.The fourth part is the analysis of the reasons why personal bankruptcy prevents the debtor from escaping and canceling debts.This part discusses that there are three main reasons for the current debtors’ evasion and cancellation of debts.One is that the personal integrity and property information collection mechanism is not perfect,the second is that the legal liability system of personal bankruptcy is not perfect,and the third is that the public’s cognition of personal bankruptcy system is insufficient.The fifth part is the approach to prevent the risk of debtors escaping and dissolving debts in personal bankruptcy.This paper puts forward four countermeasures to solve the abovementioned problems.In terms of concept,we should pay equal attention to incentive and punishment,set up measures to prevent debt evasion and cancellation based on the trend of national legislation on personal bankruptcy,and reduce the occurrence of debt evasion and cancellation from the source with the help of traditional culture.In the aspect of supporting system,construct a perfect personal credit system to reduce the occurrence of debt evasion and cancellation,and put forward suggestions to improve the personal credit investigation system and property registration system.In the aspect of justice,the current overall punishment for the behavior of debt evasion and cancellation is weak,which can be improved from the aspect of criminal responsibility;At the same time,as an important "gatekeeper",the manager can promote their due diligence by guaranteeing their remuneration and other ways.In the aspect of legislation,the legal pre-procedure should be added before the bankruptcy application,so as to reduce the pressure of the review of the people’s court and ensure that the judicial resources are not crowded out by the defective application.