A Legislative Comparative Study of Personal Bankruptcy Abuse Prevention —an Honest but Unfortunate Debtor Definition Perspective_INTERNATIONAL SCIENCE AND CULTURE CENTER FOR ACADEMIC CONTACTS (ISCCAC)

Publisher:ISCCAC

A Legislative Comparative Study of Personal Bankruptcy Abuse Prevention —an Honest but Unfortunate Debtor Definition Perspective

Authors

Jiaxue Xu, Liqin Zhang

Corresponding Author

Jiaxue Xu

Publishing Date

30 Dec. 2022

Keywords

Personal bankruptcy, Bankruptcy abuse, Legislative comparison, Being honest but unfortunate.

Abstract

Overseas regions and Chinese local regions have already gained successful experience in preventing the abuse of personal bankruptcy and have acquired great results, which are of great significance for reference. In this paper, the overseas experience and the Chinese local standard of "honest but unfortunate" debtor and its impact are analyzed and compared to strengthen the Chinese meticulous laws and regulations of "threshold", "procedure", "enforcement" and "justice" for debtors, elaborate on the future legislative direction and response strategies to prevent abuse of personal bankruptcy, strictly prevent debtors from malicious bankruptcy, and reasonably balance the interests of all parties.

Copyright

Open Access

This is an open access article distributed under the CC BY-NC license

Download article (PDF)