论个人破产制度中的破产财产范围及分配

Research on the Scope of Bankruptcy Property and Distribution in the Bankruptcy System of Individuals

个人破产制度中债务人破产财产的范围划分现今尚未明确,现有学术探索和制度构建中对此规定却过于粗略。针对个人破产制度中的破产财产部分,本文在确立了破产财产范围界定依据的学说之后,较为新颖地讨论了金融产品的处分原则;着重分析了破产财产的具体构成,并对其中的问题展开了进一步探讨。在界定破产财产范围的同时,本文详细论述了破产财产中担保债权和共有财产的复杂情形,较为细致地为破产人财产的处分提供了理论指导。

The disposition of the debtor’s property is the core part of the personal bankruptcy system. The scope and distribution of the debtor’s property are the most concerned issues for the creditor and the debtor. The existing academic and institutional exploration of this issue is too rough. Aiming at the part of bankruptcy property in personal bankruptcy system, after establishing the theory of defining the scope of bankruptcy property, the disposition principle of financial products is discussed in a novel way. The concrete composition of bankruptcy property is emphatically analyzed, and the problems among them are further discussed. While defining the scope of bankruptcy property, the complex situation of secured creditor’s rights and joint property in bankruptcy property are discussed in detail, which provides theoretical guidance for the disposition of bankruptcy property more specifically.