深圳将出台个人破产新规

Core Viewpoint - The article discusses the recent public consultation on the "Shenzhen Personal Bankruptcy Information Registration and Publicity Measures (Draft for Comments)" aimed at enhancing the transparency and credibility of the personal bankruptcy system in Shenzhen [2][3]. Group 1: Regulatory Framework - The new measures consist of 22 articles covering general principles, information registration, publicity, supervision, and supplementary provisions, set to take effect on October 1, 2025 [2]. - The previous interim measures from 2021 expired in December 2024, necessitating updates to meet current needs, including specific publicity timelines [3]. Group 2: Information Sharing and Publicity - The measures aim to reduce the reporting burden on debtors, creditors, and managers by promoting information sharing with courts and relevant entities, minimizing the need for individual reporting [3]. - Active publicity periods are established: eight years for cases where debts are discharged and one year for other bankruptcy information, with data deleted after these periods [4]. Group 3: Impact on Debtors - The personal bankruptcy system is designed to protect "honest but unfortunate" debtors, with a focus on encouraging innovation and supporting recovery [5]. - As of June 30 this year, Shenzhen's bankruptcy court has processed 539 personal bankruptcy applications over four years, resolving debts totaling 19.3 million yuan, with approximately 65% of debtors being entrepreneurs [5]. Group 4: Comparative Insights - The article highlights that personal bankruptcy systems in common law jurisdictions have evolved into general bankruptcy laws, which could serve as a reference for mainland China [5]. - It emphasizes the need for China to dynamically adjust its bankruptcy system based on financial structures and social governance goals, balancing the protection of financial institutions with the promotion of a rational bankruptcy culture [5].