退休夫妻月入1.2万负债1.2亿！个人破产可行吗？专家解读→

Core Viewpoint - The article discusses the growing focus on the personal bankruptcy system in China, highlighting recent high-profile bankruptcy applications and the ongoing exploration of personal bankruptcy legislation in various regions, particularly in Shenzhen and other provinces [3][5][14]. Understanding Personal Bankruptcy - Personal bankruptcy refers to a legal process allowing individuals unable to repay their debts to declare bankruptcy and have their debts discharged through asset liquidation or debt adjustment [3][4]. - The system aims to protect "honest but unfortunate" debtors, requiring them to fully disclose their assets and financial situation [4][6]. Legislative Progress and Regional Trials - The establishment of a personal bankruptcy system has gained momentum, with various regions like Zhejiang, Jiangsu, and Shenzhen conducting trials and exploring legal frameworks [5][14]. - Shenzhen has implemented the first personal bankruptcy regulations in mainland China, with other cities like Xiamen also considering similar measures [5][6]. Public Concerns and Misunderstandings - There is significant public skepticism regarding the personal bankruptcy system, with many fearing it may enable debt evasion and protect "dishonest" debtors [8][11]. - A survey indicated that nearly 60% of respondents believe misunderstandings about the system's purpose hinder its legislative progress [8][11]. Criteria for Bankruptcy Application - The criteria for applying for personal bankruptcy include being an "honest but unfortunate" debtor, meaning the inability to pay debts must be objective rather than subjective [9][10]. - The process involves thorough verification of the debtor's financial situation to prevent fraudulent claims [9][10]. Challenges in Implementation - The current social credit system and lack of a unified credit information platform create challenges in assessing debtor honesty and monitoring compliance with bankruptcy agreements [11][12]. - Concerns about the effectiveness of penalties for bankruptcy fraud and the need for a robust verification mechanism are highlighted [12][16]. Need for Comprehensive Legal Framework - The absence of a national personal bankruptcy law complicates the situation, with existing regional laws lacking comprehensive protections for debtors [14][15]. - Recommendations include integrating personal bankruptcy provisions into the upcoming revisions of the Enterprise Bankruptcy Law to establish a clearer legal framework [15][16]. Future Directions - Expanding personal bankruptcy trials to more regions requires assessing local demand and judicial resources [17]. - The establishment of a unified credit public platform and long-term supervision mechanisms is essential for the effective implementation of the personal bankruptcy system [17].