“退休夫妻月入1.2万负债1.2亿”热议背后：个人破产制度还有多远？

Core Viewpoint - The personal bankruptcy system in China is still in its exploratory phase, facing public skepticism and legal challenges, despite recent pilot programs in various regions aimed at improving the legal environment for personal debt resolution [1][6][12]. Group 1: Definition and Purpose of Personal Bankruptcy - The personal bankruptcy system allows individuals unable to repay their debts to declare bankruptcy through legal procedures, leading to debt forgiveness and the establishment of rights and obligations during the process [2][7]. - The system aims to protect "honest but unfortunate" debtors, requiring them to honestly declare all assets and financial information [2][7]. Group 2: Current Developments and Pilot Programs - Recent pilot programs in regions like Zhejiang, Jiangsu, and Shenzhen have initiated personal bankruptcy trials, with Shenzhen being the first to implement a dedicated personal bankruptcy regulation [3][4][12]. - As of the end of 2023, Shenzhen courts have received 2,273 personal bankruptcy applications, with 227 cases accepted, indicating a stringent review process [14]. Group 3: Public Concerns and Misunderstandings - Public skepticism about the personal bankruptcy system stems from traditional beliefs about debt repayment, with many fearing it may encourage "debt evasion" [6][9]. - A significant portion of the public (approximately 60%) believes there are misunderstandings about the functions and implications of the bankruptcy system, which hinders its acceptance [6][9]. Group 4: Legal Framework and Challenges - The absence of a national personal bankruptcy law complicates the implementation of the system, with current practices relying on civil execution procedures rather than a formal bankruptcy framework [11][12]. - The need for a comprehensive legal structure is emphasized, with suggestions to amend the existing enterprise bankruptcy law to include personal bankruptcy provisions [12][13]. Group 5: Future Directions and Recommendations - Recommendations include expanding pilot programs to more regions, ensuring local judicial resources are adequate, and establishing a unified credit public platform to enhance trust in the system [13][14]. - Experts suggest a gradual approach to implementing personal bankruptcy laws, focusing on protecting "honest but unfortunate" debtors while preventing abuse of the system [5][12].