Theoretical Logic and Path Optimization of Digital Governance for Bankruptcy and Debt Evading
Theoretical Logic and Path Optimization of Digital Governance for Bankruptcy and Debt Evading
马祎蔚
31호, 189~223쪽
초록
As a key factor in the survival of the fittest in the market economy, the core value of the bankruptcy procedure lies in handling creditor-debtor relationships in a fair and impartial manner, and safeguarding the legitimate rights and interests of creditors, debtors and good-faith third parties involved in such relationships. However, in practice, the situation where debtors maliciously evade debts by taking advantage of the bankruptcy process occurs frequently, which greatly undermines the fair foundation of the bankruptcy system and also causes significant damage to the already established social credit framework. With the rapid development of the digital economy, the phenomenon of bankruptcy and debt evasion has presented new characteristics and situations in the digital age. The insufficient review mechanism in the initiation stage of the bankruptcy process, the lack of rules for the disposal of digital assets in the bankruptcy liquidation stage, and the difficulty in responding to the challenges of digital technology in the supervision and law enforcement of the bankruptcy process have disrupted the stable operation of the market economic order. It has infringed upon the legitimate rights and interests of creditors and bona fide third parties. After deconstructing the behavior of debt evasion in bankruptcy in the digital age and analyzing several types of debt evasion behaviors based on the upgrading of property concealment and transfer methods, the renewal of debt fabrication and tampering methods, cryptocurrencies and virtual digital assets, and the digital platform economic model, it is found that the theory of property scope in traditional bankruptcy law lags behind, and there is a conflict between cross-border digital assets and traditional bankruptcy jurisdiction. The theoretical innovation demand for the theoretical development of regulatory subjects and responsibility determination. Based on this, it is urgent to expand the scope of bankruptcy assets from the perspective of digital property rights and construct a procedural justice theory that integrates technical governance and judicial review in bankruptcy management technology. It is also suggested that regulatory proposals be put forward in a targeted manner from multiple aspects, such as improving the bankruptcy legal system, strengthening supervision and law enforcement, enhancing interdepartmental coordination and cooperation, and strengthening information sharing and credit system construction. The aim is to create a legal prevention system for bankruptcy debt evasion that meets the requirements of the contemporary digital environment, and to ensure the safety and stable development of economic market transactions.
Abstract
As a key factor in the survival of the fittest in the market economy, the core value of the bankruptcy procedure lies in handling creditor-debtor relationships in a fair and impartial manner, and safeguarding the legitimate rights and interests of creditors, debtors and good-faith third parties involved in such relationships. However, in practice, the situation where debtors maliciously evade debts by taking advantage of the bankruptcy process occurs frequently, which greatly undermines the fair foundation of the bankruptcy system and also causes significant damage to the already established social credit framework. With the rapid development of the digital economy, the phenomenon of bankruptcy and debt evasion has presented new characteristics and situations in the digital age. The insufficient review mechanism in the initiation stage of the bankruptcy process, the lack of rules for the disposal of digital assets in the bankruptcy liquidation stage, and the difficulty in responding to the challenges of digital technology in the supervision and law enforcement of the bankruptcy process have disrupted the stable operation of the market economic order. It has infringed upon the legitimate rights and interests of creditors and bona fide third parties. After deconstructing the behavior of debt evasion in bankruptcy in the digital age and analyzing several types of debt evasion behaviors based on the upgrading of property concealment and transfer methods, the renewal of debt fabrication and tampering methods, cryptocurrencies and virtual digital assets, and the digital platform economic model, it is found that the theory of property scope in traditional bankruptcy law lags behind, and there is a conflict between cross-border digital assets and traditional bankruptcy jurisdiction. The theoretical innovation demand for the theoretical development of regulatory subjects and responsibility determination. Based on this, it is urgent to expand the scope of bankruptcy assets from the perspective of digital property rights and construct a procedural justice theory that integrates technical governance and judicial review in bankruptcy management technology. It is also suggested that regulatory proposals be put forward in a targeted manner from multiple aspects, such as improving the bankruptcy legal system, strengthening supervision and law enforcement, enhancing interdepartmental coordination and cooperation, and strengthening information sharing and credit system construction. The aim is to create a legal prevention system for bankruptcy debt evasion that meets the requirements of the contemporary digital environment, and to ensure the safety and stable development of economic market transactions.
- 발행기관:
- 한국채무자회생법학회
- 분류:
- 법학