Bet365 Poker
Ren Yilin，bet365 app2021 master’s degree in civil and commercial law。
[Abstract]The exemption system is a particularly important part of the personal bankruptcy system，Although its theoretical framework is different from traditional concepts，Breaks the thinking logic of "paying back debts"。Promulgation of the "Shenzhen Special Economic Zone Personal Bankruptcy Regulations"，The scope of application of the bankruptcy exemption system、Legal path for exemption system、Exemption inspection period、Preliminary specifications have been made from multiple perspectives including exemption restrictions，Reflects my country’s market demand，But there are still many areas that need improvement。Comparative analysis of the existing exemption system，Optimizing the design of my country’s existing bankruptcy exemption regulations，Building a personal bankruptcy exemption system suitable for my country’s national conditions。
[Keywords]Personal bankruptcy exemption system, subject scope, exemption path, exemption restrictions
The bankruptcy exemption system is the fundamental element of the modern personal bankruptcy system，refers to the exemption of debts that the debtor cannot repay after bankruptcy proceedings in accordance with the provisions of the bankruptcy law。This system essentially achieves the purpose of exempting the debtor from failing to pay off its debts by limiting the legal claims of creditors，No longer regard the creditor-debt relationship as a simple private rights relationship，But consider it from a socio-economic perspective。In recent years，With the development of my country’s personal bankruptcy judicial pilot work and the promulgation of the “Shenzhen Special Economic Zone Personal Bankruptcy Regulations” (hereinafter referred to as the “Shenzhen Regulations”)，The establishment of a bankruptcy exemption system in China has become an unavoidable issue in the process of optimizing my country’s bankruptcy law system，The following will discuss the necessity of the existence of our country’s bankruptcy exemption system、A brief analysis of the current situation，And put forward corresponding optimization suggestions。
1. Analysis of the necessity of the existence of exemption system
The theory of personal bankruptcy exemption system is contrary to the traditional debt settlement theory，It cannot be simply equated to a debt execution procedure。Currently，The exemption system is not generally accepted by countries around the world。But，Whether it is from a legal perspective or a socio-economic perspective，The existence of personal bankruptcy exemption system is necessary。
(1) Comprehensively and deeply resolve the problem of “difficulty in implementation”
Long time，“Difficulty in enforcement” is a long-standing problem in my country’s civil justice。In view of this phenomenon，Our country’s judicial organs are trying to solve the problem of “difficulty in enforcement” through the reform of the enforcement system。At the same time，Several reform outlines of the Supreme People's Court have also included solving "enforcement difficulties" as an important task of judicial reform。
This article thinks，Under the legal framework that lacks a personal bankruptcy exemption system，Debtors are more likely to adopt various methods to resist or avoid execution，This fundamentally constitutes "difficulty in execution"。In implementation practice，Debt cases often present multiple claims，Characteristics of debt diversification，Therefore，The working mechanism of enforcement Bet365 lotto reviewand transformation that excludes individual subjects，It is difficult to fundamentally reduce the number of cases。
(2) Enhance the ability to integrate into economic globalization
In recent years，The pace of my country’s integration into regional integration and economic globalization is accelerating。November 15, 2020，The Regional Comprehensive Economic Partnership (RCEP) was officially signed。September 16, 2021，The Ministry of Commerce announced that，China has applied to join the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP)。
Close economic and trade ties，It will also invisibly bring about a severe test of our country’s ability to rule by law。Some scholars believe，There is an interactive and mutually influencing relationship between economic development and bankruptcy。According to the relevant contents of my country’s current bankruptcy law，Natural persons do not meet the legal subject status。When a foreign natural person is unable to repay his debts，Our country’s creditors may fall into a situation where they have no legal basis to rely on。From an overall perspective，Introduction of bankruptcy exemption system，Can improve the overall effectiveness of our country’s legal capabilities，Effectively prevent the excessive gap between rich and poor caused by some free market phenomena in market integration，Promote the economic regeneration of honest debtors。Bankruptcy exemption system，Will pass legal protection，Give individuals more confidence and confidence in economic participation。
(3) Help balance the legitimate rights and interests of both parties to the debtor
Bankruptcy exemption system，As an important part of the personal bankruptcy system，Plays an important legal role in balancing the legitimate rights and interests of debtors and creditors。For creditors，Lending also has certain risks，The lending behavior of creditors means the sharing of business results and risks of failure。Compared to a single debtor，Creditors are more supervisory、The ability to prevent and spread the risk of debtors being unable to pay，So this risk can be borne by creditors。
November 2021，Shenzhen Intermediate People’s Court declared Hu Mou bankrupt，This is since the implementation of the "Shenzhen Special Economic Zone Personal Bankruptcy Regulations"，The first bankrupt produced。However，The performance of bankrupt Hu Mou during the exemption review period，The Shenzhen Intermediate Court will decide whether to exempt its unpaid debts，Remove restrictions related to it。In other words，Existence of exemption system，It can encourage the debtor to a certain extent to work hard to assume debt responsibilities during the exemption period，Repay debts to creditors as much as possible。
The bankruptcy exemption system is a comprehensive procedure in personal bankruptcy procedures。For the “honest but unfortunate” debtor，After actually doing your best to repay the debt，Corresponding rights and interests protection system should be in place to meet basic living needs。Meanwhile，If the debtor’s debt is forgiven after the inspection period，It must also reflect the protection of the debtor’s rights and interests。Creditors can recover most of their debts during the discharge review period，The creditor's rights and interests have been protected and realized through formal legal channels，Also avoids the related risks of being unable to recover the loan。
(4) Protect the debtor’s personal rights and interests
The existence of the exemption system itself has certain social significance，Represents the protection of the debtor’s personal rights and interests。In the absence of a personal bankruptcy system，Creditors often resort to litigation and other methods to seek to protect their legitimate rights and interests。The debtor is in debt distress，Bet365 PokerIf you cannot seek bankruptcy protection，Various violent debt collection phenomena will be unavoidable。This constitutes a potential source of dispute，The debtor is the weaker party，is very vulnerable to threats or harassment from creditors，Thus causing damage to personality rights。The exemption system symbolizes the opportunity for economic "rebirth"，For debtors，Is an important basis for realizing the protection of personality rights。
二、The design status and optimization of the exemption system in the "Shenzhen Regulations"Suggestion
my country’s personal bankruptcy system has been lagging behind in the legislative field for a long time，The origin of its extended bankruptcy exemption system cannot be traced。Although the "Shenzhen Regulations" are a lower-level local legal document，However, its system design has provided a good model for my country's bankruptcy exemption system from a legislative perspective。One，The content design of this regulation reflects the current judicial status of our country to a certain extent；Part 2，This regulation is based on learning from Western systems，Combined with my country’s judicial practice in recent years，A relatively complete exemption system has been established，Laid a solid foundation for future bankruptcy system legislation。Take the "Shenzhen Regulations" as an example，Exploring the advantages and disadvantages of the design of my country’s current bankruptcy exemption system，Comprehensive analysis of the social roots and theoretical basis behind legislation in various countries around the world，Based on my country’s current national conditions，Establish and improve a universal personal bankruptcy exemption system that is most suitable for Chinese citizens。
(1) Improve supporting measures for the scope of exempted entities
Mentioned in the 2019 Notice on Accelerating and Improving the Reform Plan for the Exit System of Market Entities，We need to promote the establishment of a natural person bankruptcy system step by step，Gradually promote the establishment of a natural person’s eligible consumer debts that can be reasonably exempted from liability in accordance with the law，Finally establish a comprehensive personal bankruptcy system。However，The promulgation of the "Shenzhen Regulations" directly changes the scope of exemption subjects in my country's personal bankruptcy system from natural persons who "provide joint liability guarantees for enterprises"、The business natural persons engaged in “production and operation” are expanded to all natural persons，This trend well reflects the increasingly active market economy in our country、In a maturing state，But there is also a certain degree of discomfort。
Under the background that my country’s personal bankruptcy information registration system is not perfect，Regarding natural persons as the subject of the bankruptcy exemption system，Seems to lack certain operability，It will force the court to get into trouble in the subsequent trial process。Secondly，Regard all natural persons as subjects exempt from bankruptcy，It will cause certain pressure on future judicial procedures due to the low entry threshold for entities。After the implementation of the "Shenzhen Regulations"，The reason why such issues have not fully surfaced，The reason is that the "Shenzhen Regulations" stipulates that its "natural person" subject "resides in the Shenzhen Special Economic Zone"、“Participating in Shenzhen social insurance for three consecutive years” and other conditions are restricted。From this，Defining the subject scope of the bankruptcy exemption system as “natural persons”，If corresponding supporting measures are not established，It will definitely bring another institutional problem to China’s judiciary。First，Refer to the "Shenzhen Interim Measures for Registration and Disclosure of Personal Bet365Bankruptcy Information" that will be implemented on January 10, 2022 to establish and improve information disclosure methods suitable for nationwide promotion，Laying an institutional foundation for the development of the personal bankruptcy system。Secondly，The design of simplified procedures for the personal bankruptcy system should be improved。With the development and maturity of the personal bankruptcy system，Personal bankruptcy filing applications will surely reach a new peak，Learn from the institutional advantages of separating traditional and simplified civil litigation，Simple procedures for establishing a personal bankruptcy system in advance，Establish a system foundation for case diversion。
(2) Optimizing the legal path for personal bankruptcy exemption
The licensing exemption system established by my country's "Shenzhen Regulations"，Changed the creditor determinism in previous judicial practice，The final right to forgive the debtor’s remaining debt is delivered to the court，Emphasis on the court ruling as the final basis。This kind of modification is related to the imperfect system of personal bankruptcy information disclosure in my country、The creditor finds that it is suitable for the characteristics such as weak ability，It has two advantages: one，The law does not limit the exemption objections raised by creditors，Creditors can raise objections without any reason，The permission exemption system breaks through the limitations of "creditor consent"，Make up for the shortcomings of creditor determinism；Part 2，In the context of my country’s imperfect personal credit registration system，This kind of design is conducive to the debtor violating the principle of good faith and committing fraud、The occurrence of debt evasion，Guarantee that the discharged debtor does meet the conditions of "honest and unfortunate"。
Based on the current situation，Optimizing the legal path for personal bankruptcy exemption，Should be based on improving the personal bankruptcy information registration system，Give full play to the subjective initiative of administrative subjects，Resolve the issue of bankruptcy immunity with the administrative agency in charge of personal credit information。For example, France’s “Personal Over-Debt Committee”。This type of bankruptcy exemption model decided by administrative agencies，Resolve most exemption disputes out of court，Save judicial resources，It can effectively alleviate the work pressure of judicial organs when the personal bankruptcy system matures in the future。
(3) Mainly constructing the inspection period、Liquidation model supplemented by the repayment period
To prevent the imbalance of the rights and obligations of creditors and debtors caused by the exemption system from over-protecting the interests of debtors，The "Shenzhen Regulations" establish an exemption inspection period、List of statutory non-dischargeable debts、Provisions such as statutory circumstances that cannot be exempted。However，This type of clause is designed to encourage the debtor to consciously abide by the principle of good faith，Prevent debtors from causing economic losses to creditors due to violations of the principle of good faith。However，The inspection period is more often just a prevention tool，For an honest but unfortunate person，The long inspection period will not only cause greater restrictions on his normal life，Cannot have any substantial impact on the rights of creditors。Visible，Simply use the single mode of "examination period" to restrict debtors with insufficient repayment ability，It seems that the ultimate purpose of bankruptcy law cannot be achieved well。Therefore，It is particularly critical to introduce the concept of "liquidation period" under the framework of the personal bankruptcy liquidation system。
The design concept of the settlement period should be different from bet365 casino blackjackthe inspection period。First，The design purpose of the repayment period should be to protect creditors to the greatest extent、The interests of both debtors，That is, the debtor is guaranteed to repay as much of the creditor's rights as possible within a certain number of years。Second，The setting of the repayment period should also have a legal maximum period，If there is no upper limit on the duration of the settlement period，Then the personal bankruptcy system will be in vain。Third，The degree of restrictions on the debtor’s behavior during the repayment period should be higher than that in normal life、Below the inspection period，The system consists in using a relatively long time period、Relatively loose behavioral restrictions allow creditors to obtain more benefits from debtors。Many countries use the repayment period as a precondition for exemption，For example, Chapter 13 of the U.S. Bankruptcy Code，The debtor can be exempted from liability after reaching a repayment plan。
4. Conclusion
With the advancement of the revision process of my country’s bankruptcy law，The construction of the personal bankruptcy system is no longer limited to judicial pilot work，This will become an unavoidable issue in our country’s future legislative process。The exemption system is the core content of the personal bankruptcy system，Will attract more attention from theoretical and practical circles。The "Shenzhen Regulations" have established a basic framework for my country's personal bankruptcy exemption system，The future development of the personal bankruptcy exemption system should take this as the starting point，Combining the theoretical basis of domestic and foreign exemption systems，Perform localization analysis of the regulations，Exploring a bankruptcy exemption system suitable for the survival of our country through continuous optimization。
References
[1] Zhang Weiping: "Changes in Civil Judicial Reform in the Forty Years of Reform and Opening Up"，Published in "China Law Review" Issue 5, 2018。
[2]Li Shuguang: "Several Important Issues in the Drafting of the New Bankruptcy Law"，Published in "Political and Legal Forum" Issue 3, 2002。
[3] Liu Jing: "Research on Personal Bankruptcy System—Focusing on China's Institutional Construction"，China Procuratorate Press 2010 Edition，Page 108。
[4] Tang Weijian: "Analysis of pros and cons and legislative countermeasures in formulating my country's Personal Bankruptcy Law"，Published in "Journal of Gansu University of Political Science and Law" 2021 Issue 6。
[5] He Dan: "Research on the Chinese Model of Personal Bankruptcy Exemption"，Published in "China Law Review" Issue 6, 2021。
[6] [US] Charles·J·Taibu: "New Discussion on U.S. Bankruptcy Law"，Han Changyin、He Huan、Translated by Wang Zhizhou，China University of Political Science and Law Press 2017 Edition，Page 1125。
This article is a selection of outstanding articles in the second issue of the "Fayuan Argument" essay competition，Due to space limitations，Comments omitted，Presented as reference，Please see [Attachment] for the original text。The content of the article represents only the author’s personal opinion，For readers to read and review。
Text/Ren Yilin
Proofreading/Li Zilin
