The Construction Of Personal Bankruptcy Exemption System In China

The policy call for mass entrepreneurship has been actively responded to among market economy entities,and natural persons have become the most basic and most malleable and extensible constituent units of the market economy.One of the signs of the maturity of the socialist market economic system is to unblock the channels from participation to exit of various market entities.The personal bankruptcy system is conducive to stimulating the vitality of the market,providing protection for natural persons to withdraw from the market in an orderly manner,and playing an important role in the market economy.However,due to the lack of a mature personal bankruptcy system in our country,natural persons are caught in a deadlock in debt management and are under enormous economic pressure.Bankruptcy immunity,as a key tool to revitalize debtors in deep trouble,has become the basic and symbolic system of the personal bankruptcy system.The "Shenzhen Personal Bankruptcy Regulations" voted and passed by Shenzhen in 2020 stipulates the inspection period for exemptions,exceptions for exemptions,revocation and supervision of exemptions,and exemptions from property and restoration of rights.The content is more specific;"Guidelines for the Centralized Handling of Personal Debts" is reflected in the content norms but does not explicitly mention exemptions.The practical experience of the pilot places draws a clear outline establishing as personal bankruptcy and exemption system in China in the future.However,as a new thing,even the detailed regulations of the "Shenzhen Regulations" can hardly be perfected at the beginning of the introduction of the system.These regulations are relatively general,and it is difficult to protect the rights and interests of all parties in order to cater to traditional concepts,and it does not involve bankruptcy exemption The core of the system has not bred a complete exemption system.How to build a nationwide personal bankruptcy exemption system on the basis of sublating the Shenzhen blueprint is still an important issue.This article attempts to explore the basic theory of establishing an exemption system from the necessity and feasibility of bankruptcy exemption,points out the problems existing in the Shenzhen pilot legislation,draws on relevant foreign theories,and refines the specifics of the exemption system from the two aspects of entity construction and procedure construction in combination with the actual situation of the country It is hoped that it will be beneficial to the national personal bankruptcy legislation.This article is divided into five parts: the introduction briefly introduces the concept,meaning and origin of personal bankruptcy immunity,discusses the long-standing traditional Chinese concept of guilt in bankruptcy,and reflects the hardships of exploring bankruptcy immunity in China;The first part of the text first clarifies the relationship between bankruptcy and exemption,and breaks the misconception that bankruptcy equals exemption.Secondly,it explains the basic theory that the implementation of the bankruptcy exemption system can take root in this country from the two aspects of necessity and feasibility.The second part lists the various provisions on exemption in the Shenzhen Regulations,from which to reflect on the shortcomings of legislation: the natural tendency of exemption under the licensing exemption model,the exemption procedure cannot balance the interests of creditors and debtors,and the single procedure of exemption cannot relieve the judicial Problems such as work pressure and difficulty in repairing debtor credit after exemption need to learn lessons in future legislation;The third part lists in detail the experience of exempting from liability outside the region and the enlightenment to our country.The fourth part builds the basic framework of my country’s bankruptcy exemption system from the substantive content and procedural content respectively.The substantive content revolves around the criteria of "honesty" and "unfortunate" to screen out debtors qualified for exemption,clarify the scope of exempt debts,and list the circumstances of non-exemption It is also necessary to determine the debtor’s solvency;the procedural content is the main link of raising the exemption,inspection of the exemption,decision on the exemption and revocation of the objection to the exemption,drawing on the mature practical experience of countries such as Britain,the United States,Japan and Germany,and combining my country’s local conditions to construct an exemption with Chinese characteristics the way.