Research on the Implementation Dilemma and Solution Path of Personal bankruptcy Exemption System from the Perspective of Interest Balance *

Abstract

Under modern bankruptcy law, individual debtors enter bankruptcy proceedings mainly to obtain debt relief. Therefore, the exemption system is not only a part of the Personal bankruptcy system but also plays a core role in the Personal bankruptcy system. However, the debtor's debt relief is based on the consideration of harming part of the creditors' interests in repayment, which poses an ethical challenge to the Personal bankruptcy relief system. Therefore, how to balance the interest relationship between creditors and debtors in the personal bankruptcy exemption system and promote the orderly development of the social market economy, this paper will discuss the model selection, scope of application, inspection period and other aspects.