Published
2024-12-31
Section
Articles
How to Cite
On the issue of “ excessive consumption “ in the conditions for personal bankruptcy
Jin Zheng
Deheng Law Offices Quanzhou Branch
DOI: https://doi.org/10.59429/paat.v6i4.8400
Keywords: Personal bankruptcy; Excessive consumption; Comparative study
Abstract
The rapid rise of Chinese family’s debt has attracted wide attention, financial risk prevention issue has become the focus of the society. The Personal Insolvency Law system is helpful to solve this problem. However, during the progress of establishing Personal Insolvency Law system, preventing this system abuse has become a key topic for all concerned parties. This article focus on the “excessive consumption” concept in personal insolvency apply procedure, using the way of comparative research, citing the practice data of Taiwan and the United States, reference to the world bank’s report on personal insolvency and combined with the specific situation of our country, suggested that the “excessive consumption” must be restrictive interpenetrated and applied, as well as the examination period and specific amount should be set scientifically
References
[1] Financial Stability Analysis Group of the People’s Bank of China, China Financial Stability Report 2021 [EB/OL], http://www.pbc.gov.cn/jinrongwendingju/146766/146772/4332768/2021111616012855737.pdf, 2022-04-03.
[2] National Finance and Development Laboratory, National Balance Sheet Research Center Database [EB/OL], http://114.115.232.154:8080/, 2022-04-03.
[3] Zhu He, Wang Shennan, He Fan. A discussion on the revaluation of leverage and debt risk of China’s residential sector based on Minsky’s theory[J]. The Economist 2021(12):10.
[4] Farrer, Giffen R, The State in its relation to Trade,Macmillan and Company, 1883,p.35-36.
[5] Qi Tonjie. The financial dimension of personal bankruptcy[J]. Journal of China University of Political Science and Law,2019(4):19.
[6] Shenzhen Luohu District People’s Court: Inventory of the Ten Key Issues of Personal Bankruptcy Detailed explanation of the first case of personal bankruptcy in China, https://www.thepaper.cn/newsDetail_forward_13755741, 2022-04-03.
[7] See supra note 14.