Research On The Construction Of Personal Bankruptcy Disqualification System In China

The system of personal bankruptcy and loss of right is a liability restraint mechanism that restricts the relevant substantive rights and qualifications of natural person debtors who declare bankruptcy within a certain period of time.It contains the color of interest balance and preventive punishment,and is the key to the smooth implementation and realization of the value of the personal bankruptcy law.China’s Shenzhen and other regions have made beneficial attempts to legislate and practice the system of personal bankruptcy and loss of right,which has accumulated valuable experience and laid a solid foundation for constructing the system of personal bankruptcy and loss of right in China.In order to ensure the smooth progress of bankruptcy proceedings,China should adopt two legislative models to establish a personal bankruptcy loss of right system.One is to establish a separate loss of right system in the personal bankruptcy law to restrict the basic rights and qualifications of bankrupt debtors such as consumer behavior,credit behavior,and migration behavior;In other separate laws,restrictions on the other rights and qualifications of the bankrupt debtor should be imposed according to different legislative purposes,as a supplement to the system of loss of rights in the personal bankruptcy law.As for the personal bankruptcy loss of right mode,China should choose the adjudicative loss of right mode,which is conducive to judges distinguishing between the bankruptcy debtors based on their different bankruptcy reasons,whether they have faults,and the size of outstanding debts,and making targeted loss of right decisions to maximize fairness and rationality.The subject of personal bankruptcy and loss of right should follow the principle of generality,including minors who are considered to have full civil capacity and excluding other minors;The content of personal bankruptcy and loss of right should be classified and regulated,while setting up minimum clauses to ensure its flexibility;The setting of the period of personal bankruptcy loss of right can be divided into the shortest period,the general period,and the longest period.For debtors who have gone bankrupt multiple times,the period of loss of right can be applied by referring to the recidivism system;The bankruptcy debtor’s restoration of rights adopts the application for restoration of rights mode.The debtor can apply for restoration of rights in advance if it meets certain conditions within the period of loss of rights.If the debtor fails to meet the restoration conditions within the period of loss of rights,and has not violated the provisions on loss of rights within the period of loss of rights,it can apply for restoration of rights to the court that ruled on its loss of rights after the expiration of the period,and make a public announcement after the court reviews that the conditions are met,"Upon expiration of the announcement period,rights can be restored if there is no objection or if there is no party to the objection,which is more conducive to the protection of the debtor’s human rights.".