This thesis analyzes the problems in the judicial practice of exempting property from personal bankruptcy in China using the Personal Bankruptcy Regulations of Shenzhen, judicial documents, and court cases. It proposes improvements to the scope of recognized exempt property, suggesting an 'inflationary approach' with exceptions to balance creditor and debtor interests. The study advocates for a recognition standard that specifies property types with regional limits, implementing a model combining enumeration and generalization guided by a 'flexibility principle'. This research provides a new sample for international comparative research on personal bankruptcy exempt property systems.
Publisher
HUMANITIES AND SOCIAL SCIENCES COMMUNICATIONS
Published On
Nov 07, 2024
Authors
Yuxia Song, Yongxi Chen
Tags
personal bankruptcy
exempt property
judicial practice
creditor-debtor balance
Shenzhen regulations
international comparative research
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