个人破产保护制度

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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
Shang Hai Zheng Quan Bao· 2025-06-08 18:05
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 - The establishment of a robust legal culture surrounding bankruptcy protection is crucial, as outdated views on debt and bankruptcy need to be transformed to align with modern legal standards [6].
“个人破产”信用修复带了个好头
Jing Ji Ri Bao· 2025-04-11 22:12
Core Viewpoint - The establishment of personal bankruptcy protection systems is a significant step towards reshaping societal attitudes towards "failure," providing a framework for individuals to recover from financial setbacks and encouraging a more inclusive approach to economic challenges [1][4]. Group 1: Personal Bankruptcy Protection System - The first personal bankruptcy credit repair certificate in Jiangsu was issued, benefiting a local market vendor who faced financial difficulties due to a business partner's disappearance, highlighting the system's role in restoring credit and social vitality [1]. - Shenzhen is the first city in China to implement personal bankruptcy protection regulations, with nearly a thousand cases resulting in debt forgiveness since 2021, and over 70% of debtors successfully returning to normal life through credit repair [1][2]. - More than 30 local courts in China have accepted personal bankruptcy cases, with a total debt amount exceeding 1.3 billion yuan being waived, indicating a growing acceptance of this system [2]. Group 2: Impact on Society and Economy - The personal bankruptcy protection system is seen as a reconstruction of "responsibility ethics" in the market economy, distinguishing between honest debtors and those who may exploit the system [2][3]. - The system allows debtors to regain opportunities for wealth creation, which in turn protects the interests of creditors by enabling debtors to work towards repayment rather than being permanently hindered by credit loss [3]. - The recent government documents emphasize the importance of establishing a unified and efficient credit repair system, aligning with the personal bankruptcy protection framework to create a clearer boundary between malicious and involuntary credit failures [3]. Group 3: Economic Benefits - In Shenzhen, 43% of personal bankruptcy applicants are small business owners, who have a higher success rate in "second entrepreneurship" compared to the general population, demonstrating the system's positive impact on economic revitalization [4]. - The personal bankruptcy protection system is viewed as a crucial indicator of the maturity of the socialist market economy, fostering an environment that encourages innovation and tolerates failure [4].