对话中国政法大学陈夏红：个人破产制度呼唤国家统一立法

Core Points - The revision of the enterprise bankruptcy law represents a small breakthrough for personal bankruptcy, indicating a compromise after careful consideration [1][2][3] - The implementation of local personal bankruptcy regulations in Xiamen on November 1 marks a significant step in the ongoing development of personal bankruptcy systems in China [1][2] - There is a growing call for a comprehensive personal bankruptcy law, as highlighted by various governmental documents and judicial reform agendas [1][2][3] Group 1: Legislative Developments - The draft revision of the enterprise bankruptcy law aims to address the issue of natural person liability in corporate bankruptcy, although it does not fully establish a personal bankruptcy system [1][3] - The ongoing pilot programs in cities like Shenzhen and the new regulations in Xiamen reflect a gradual approach to personal bankruptcy legislation [1][2][3] Group 2: Challenges and Concerns - There is a lack of strong societal recognition of the personal bankruptcy system, with concerns about potential abuse and the impact on creditors [2][5][6] - The current legal framework allows for the resolution of both corporate and personal debts through enterprise bankruptcy procedures, which may conflict with traditional bankruptcy law principles [4][5] Group 3: Future Directions - Experts advocate for a unified national personal bankruptcy law to provide a stable legal framework and address the shortcomings of the current system [8][9] - The need for improved safeguards against the misuse of personal bankruptcy procedures is emphasized, including the establishment of a robust penal system for fraudulent bankruptcy claims [10]