最高人民法院咨询委员会原副主任兼秘书长杜万华建言破产法修改：把立法重点从破产事务处理转到保护各方合法权益

Core Viewpoint - The modification of the "Enterprise Bankruptcy Law" is included in the 2025 legislative work plan, highlighting the need for a comprehensive bankruptcy protection legal system to support a high-level socialist market economy [1][2]. Group 1: Current Situation and Need for Reform - The existing bankruptcy law, established in 2006, is misaligned with current business development and personal debt management needs, leading to increasing calls for personal bankruptcy protection legislation [2]. - The absence of a personal bankruptcy protection system is seen as a bottleneck that limits the effectiveness of the bankruptcy protection legal framework in China, especially for the 1.9 billion business entities, of which 1.3 billion are unincorporated individual businesses and small enterprises [2]. Group 2: Importance of Bankruptcy Protection - Bankruptcy protection law is essential for promoting healthy economic development within a socialist market economy, as bankruptcy is a common phenomenon in market economies [3]. - The bankruptcy law should focus on protecting the rights of both creditors and debtors, ensuring a balance of interests among all parties involved [3][4]. Group 3: Recommendations for Legal System Improvement - Suggestions for enhancing the bankruptcy protection legal system include improving coordination between government and judicial authorities, strengthening the management system, and establishing efficient mechanisms for case handling and execution [5][6]. - The establishment of a robust legal culture surrounding bankruptcy protection is crucial, as outdated views on debt and bankruptcy need to be transformed to align with modern legal standards [6].