（原标题：破产法学者李曙光：在改革的脉搏中｜我们的四分之一世纪） 编者按：2025年，经济观察报以"我们的四分之一世纪"为年终特刊主题，旨在通过数十位时代亲历者的 故事，共绘一幅属于这段岁月的集体记忆图谱。 0:00 "我的人生是幸运的，因为我一直在中国改革跳动的脉搏中，推动市场经济发展。" 李曙光笑眯眯地说。他的下巴微微扬起。 现年62岁的李曙光，是中国政法大学钱端升讲座教授、法与经济学研究院原院长，曾长期担任该校研究 生院院长。 作为一个学者，他参与起草或修订了企业破产法、反垄断法、证券法、国有资产法、合伙企业法、期货 法、证券投资基金法、存款保险条例乃至民营经济促进法等。 40年间，李曙光用力最勤的便是破产法。 他从1986年就开始参与破产法立法。在2006年的企业破产法立法以及2025年的修法中，他都是起草小组 的核心专家之一。 "没有劣汰，就不会有优胜，这是市场经济的规律。" 他曾打比方道，一个路口如果只有绿灯和黄灯、但没有红灯，就很危险了。破产法正是这个红灯，它能 淘汰掉经营失败的公司，更能打击坑蒙拐骗、假冒伪劣的皮包公司和骗子公司，允许优质的市场主体进 行平等竞争。同时，在企业真正出现风险的时候 ...

Core Viewpoint - The revision of the Enterprise Bankruptcy Law in China, the first comprehensive update since its implementation in 2007, aims to address the challenges faced by businesses and individuals in debt crises, promoting a more supportive legal framework for bankruptcy proceedings and debt resolution [1][5][15]. Group 1: Impact on Businesses - A well-known early education institution in Huzhou abruptly closed, affecting over 2,000 members and leaving consumers with unfulfilled course fees [1][3]. - The closure was attributed to severe impacts from the COVID-19 pandemic, leading to a significant drop in new customers and operational challenges [1][3]. - The local court established a bankruptcy restructuring center to explore proactive applications of bankruptcy procedures to resolve business debt crises [5]. Group 2: Legal and Social Implications - The stigma surrounding bankruptcy often deters business owners from seeking legal relief, as bankruptcy is viewed negatively in society [5][10]. - The bankruptcy process for the early education institution revealed that it had zero assets but owed approximately 350,000 yuan to 23 creditors, highlighting the challenges in recovering consumer funds [7][9]. - The business owner agreed to personally assume 60% of the debt, allowing for a structured repayment plan to creditors, demonstrating a potential pathway for resolution [9]. Group 3: Personal Bankruptcy and Legal Framework - The establishment of the Shenzhen Bankruptcy Court in 2019 aimed to provide a legal bridge for businesses and individuals facing debt crises, allowing for the restructuring of debts [12][15]. - The introduction of personal bankruptcy regulations in Shenzhen offers a legal avenue for individuals to seek relief from debts incurred due to business operations or personal consumption [15][17]. - The ongoing revision of the Enterprise Bankruptcy Law includes provisions for out-of-court restructuring and personal bankruptcy, reflecting a shift towards a more supportive legal environment for debtors [24][28].

Core Viewpoint - The article discusses new regulations and existing laws regarding debt repayment, highlighting five types of debts that may not need to be repaid, emphasizing the importance of documentation in lending and borrowing situations [1][6]. Summary by Sections Legal Framework - The Civil Code specifies that the statute of limitations for ordinary loans is three years, starting from the day the lender becomes aware of the borrower's failure to repay [3]. - If no formal action is taken within three years, a lawsuit is likely to be dismissed [3]. Documentation Importance - Oral agreements without written records are insufficient for proving loans, as illustrated by a case where a borrower lost money due to lack of documentation [5]. - Legal recognition is based on evidence, not personal relationships, stressing the need for written agreements even among family members [6]. Interest Rate Regulations - Private lending has a legal interest rate cap set at four times the one-year LPR at the time the contract is established, which is currently 12% annually based on a 3% LPR [7]. - For example, on a loan of 100,000, the maximum interest that can be charged in a year is 12,000, and any excess can be reclaimed [8]. Debt Relief Options - New personal bankruptcy systems allow for debt forgiveness under certain circumstances, such as business failure or unexpected hardships, but come with restrictions on high consumption for about three years [10][11]. - The concept of "unjust enrichment" also has a three-year statute of limitations, meaning if a bank mistakenly deposits money, it cannot claim it back after three years [12]. Guidelines for Lenders - To protect their investments, lenders should: 1. Always write a loan agreement detailing the amount, interest rate, and repayment schedule, signed by both parties [13]. 2. Keep all records of debt collection efforts, as these can interrupt the statute of limitations [14]. 3. Avoid cash transactions, using bank transfers or digital payments with clear loan references instead [15]. 4. Require collateral for large loans to add an extra layer of security [16]. Conclusion - The article concludes that while the principle of repaying debts is important, adhering to legal documentation and regulations is crucial to avoid disputes [17].

Core Viewpoint - The article discusses a unique live-streaming sales event conducted by judges from the Nanjing Gaochun District People's Court, aimed at helping honest debtors sell crabs to repay their debts, highlighting the growing trend of courts in China exploring "quasi-personal bankruptcy" cases to assist "honest yet unfortunate" debtors [1][3]. Group 1: Live Streaming Sales Event - The live-streaming event attracted over 200,000 viewers, with judges selling more than 100 orders of crabs in two and a half hours, emphasizing their role in assisting honest debtors [1][3]. - The judges are not merely selling products but are actively helping debtors who are committed to repaying their debts despite facing significant financial pressure [3]. Group 2: Quasi-Personal Bankruptcy Pilot - The Gaochun District Court was designated as a pilot court for "quasi-personal bankruptcy" in June 2020, leading to various explorations and practices over the years [5]. - The court collaborates with local financial institutions to introduce restructuring loans, aiming to resolve deadlocks in debt repayment processes [5]. - A mechanism has been established for selecting suitable subjects, credit evaluation, and diversified conflict resolution in collaboration with industry associations [5]. Group 3: Identifying Honest Debtors - Identifying "honest yet unfortunate" debtors is a challenging aspect of the quasi-personal bankruptcy process, with specific exclusion criteria for those whose debts arise from gambling or extravagance [7]. - The court employs comprehensive asset investigations and consultations with industry associations and communities to assess debtors' willingness to repay [7]. Group 4: Addressing Urgent Issues - The article highlights the misconception that personal bankruptcy equates to debt evasion, clarifying that both personal and quasi-personal bankruptcy involve rigorous assessments of debtors' honesty and financial behavior [9]. - Suggestions for improving the system include establishing a public management system to assist individuals applying for personal bankruptcy and implementing measures to combat debt evasion [9].

Core Points - The "Xiamen Special Economic Zone Personal Bankruptcy Protection Regulations" officially came into effect on November 1, marking the second personal bankruptcy law in China [1] - The regulation consists of 16 chapters and 189 articles, making it the most comprehensive and extensive legal framework since Xiamen gained legislative power in 1994 [1] - The regulation introduces the concept of "comprehensive protection," aiming to ensure fair resolution of debts while safeguarding the rights of creditors, debtors, and other stakeholders [1] Summary by Sections - **Legislative Background** - The regulation was passed by the Xiamen Municipal Standing Committee on August 26 [1] - It is noted for its complexity and broad scope, being the largest legal document in the region [1] - **Innovative Aspects** - The regulation emphasizes "protection" in its title, establishing a "Xiamen model" for personal bankruptcy protection [1] - It aims to accumulate valuable experience for the establishment of a national personal bankruptcy system [1] - **Implementation Measures** - To facilitate the implementation, the Xiamen Municipal Committee approved the establishment of a Bankruptcy Affairs Management Office under the Municipal Judicial Bureau [1] - A bankruptcy information platform was launched on November 1 to support the regulation's execution [1]

Core Insights - The article discusses the significant developments in the personal loan non-performing asset (NPA) market in China, highlighting regulatory reforms, market dynamics, and technological innovations that are reshaping the landscape of asset management and investment opportunities. Market Environment and Policy Evolution - The introduction of the "730 New Policy" by the China Securities Depository and Clearing Corporation on July 30, 2025, significantly reduces the announcement period for eligible personal loan NPA packages from 10 to 5 working days, enhancing transaction efficiency [2] - The policy allows sellers to pre-announce asset packages, enabling them to secure potential buyers in advance, which could free up nearly one month of asset release time annually, equating to an additional 100 billion yuan in asset packages [2] - The regulatory environment is characterized by both expansion and stricter controls, with over 1,025 institutions registered for NPA transfer business by April 17, 2025 [3] Personal Bankruptcy System - The pilot implementation of the personal bankruptcy system in Shenzhen and Zhejiang is transforming the logic of NPA disposal, providing legal pathways for debt relief for "honest but unfortunate" debtors [4][6] - Shenzhen launched a government-led out-of-court restructuring service platform, significantly reducing the average restructuring cycle to within 90 days [5] Market Scale and Structural Characteristics - The personal loan NPA market experienced explosive growth in 2025, with the transfer business listing scale reaching 742.7 billion yuan in Q1, a year-on-year increase of 190.5% [9] - The actual transaction scale reached 483 billion yuan, with personal loan batch transfers accounting for 370.4 billion yuan, a staggering increase of 761% year-on-year [10] - The market is projected to grow by at least 1.5 times in 2025, potentially exceeding 3000 billion yuan [10] Participant Diversity - The market is witnessing a diversification of participants, with consumer finance companies emerging as significant players, surpassing traditional banks in NPA supply for the first time in Q1 2025 [16] - Local Asset Management Companies (AMCs) continue to dominate the market, holding a 48.8% share, while non-licensed institutions are rapidly increasing their presence, with a 346% year-on-year growth in bidding scale [17][24] Technological Innovations - AI collection systems are revolutionizing the NPA recovery process, with systems capable of reaching over 100,000 customers daily and significantly reducing collection costs [29] - Blockchain technology is being applied to enhance evidence preservation and information sharing, addressing long-standing issues of information asymmetry in the industry [31][34] - Satellite remote sensing and IoT technologies are improving risk management and asset valuation, with applications in monitoring collateral status and assessing property values [35][36] Evaluation and Due Diligence Practices - A standardized due diligence process is essential for assessing NPA investments, involving stages such as data collection, on-site verification, data analysis, and reporting [42][44] - Innovative tools, including AI-assisted due diligence platforms, are enhancing the efficiency and quality of the evaluation process, allowing for automated data collection and real-time collaboration among team members [48][49]

Core Viewpoint - The establishment of a credit system is fundamental for a market economy and is crucial for the smooth operation of the financial system, especially in the context of transitioning from physical currency to credit currency [2] Group 1: Current State of Credit System - China has developed a relatively comprehensive credit system, with personal credit records becoming an important basis for financial enterprises [2] - The economic downturn and unexpected events, such as the pandemic, have led to many individuals and small businesses facing significant debt repayment pressures, resulting in negative credit records for some [2][3] Group 2: Credit Rehabilitation Mechanism - The credit rehabilitation mechanism is seen as a necessary measure to allow individuals who have experienced credit damage due to uncontrollable circumstances, like the pandemic, to restore their credit status [3][4] - The People's Bank of China is researching a one-time personal credit relief policy that would not display certain overdue records in the credit system for individuals who have repaid loans under specific conditions [4] Group 3: Importance of Credit Repair - Implementing a credit repair system can stimulate consumption and innovation, which is vital for addressing the current sluggish consumer market and weak real estate sector in China [3][4] - The credit system should be inclusive, considering individual circumstances, to avoid excluding hardworking and honest individuals from the credit system [5] Group 4: Future Directions - There is a pressing need for further exploration of the credit rehabilitation system, including potential adjustments for other natural disasters or economic hardships that lead to credit issues [5] - Establishing a personal bankruptcy system is deemed crucial for further releasing social consumption potential and entrepreneurial enthusiasm in the current economic context [5]

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]

Core Viewpoint - The article emphasizes the importance of bankruptcy systems in minimizing "entrepreneurial loss" and facilitating market clearing, allowing for new equilibrium and providing opportunities for failed entrepreneurs to make a comeback [1][11]. Group 1: Economic Context and Entrepreneurial Spirit - The Central Political Bureau meeting on July 30 highlighted the need to fully mobilize various stakeholders, including entrepreneurs, to enhance market competition through quality products and services [2][3]. - There is a growing demand for innovative and resilient entrepreneurs to drive China's economy forward, especially in the context of global competition and technological advancement [4]. - The current economic landscape presents challenges for many entrepreneurs, particularly in industries facing cyclical downturns and market clearing pressures [5][6]. Group 2: Bankruptcy System and Legal Framework - The article calls for the improvement of the bankruptcy system to ensure that entrepreneurs can bear the consequences of failure within a legal framework, highlighting the need for systematic revisions to the current Bankruptcy Law, which has been in place since 2007 [9]. - The establishment of a personal bankruptcy system is also crucial, with regions like Shenzhen leading the way in developing local regulations that should be expanded and refined [10]. Group 3: Protection of Entrepreneurs - The need for greater attention and protection for entrepreneurs is emphasized, not by shielding them from market pressures, but by creating a market environment with fewer external interferences and more room for error [7][8]. - Recent judicial cases reflect a strengthening of protections for private entrepreneurs, indicating a shift towards safeguarding their legitimate rights and interests [12]. - The overall improvement of bankruptcy and legal protections for entrepreneurs is seen as essential for building a high-level socialist market economy and a robust legal system [13][14].

Group 1 - The core viewpoint emphasizes the need for more outstanding entrepreneurs to drive China's economic advancement, particularly in innovation and market competition [2][3] - The meeting highlights the importance of entrepreneurs in both disruptive innovation and scaling production, indicating that they are essential for stimulating market demand and navigating global trade challenges [3] - There is a recognition of the challenges faced by resilient entrepreneurs, particularly in industries undergoing cyclical downturns and market clearing, which can lead to significant pressure and conflicts [4] Group 2 - The article calls for increased attention and protection for entrepreneurs, advocating for a market environment with fewer external interferences and more room for error [5][6] - It stresses the urgency of improving the bankruptcy system to allow entrepreneurs to bear the consequences of failure within legal limits, with a push for systematic revisions to the current bankruptcy law [6] - The need for a personal bankruptcy system is also highlighted, with successful local implementations in regions like Shenzhen serving as a model for broader application [6] Group 3 - The Supreme People's Court's recent release of cases protecting the rights of private entrepreneurs reflects ongoing efforts to strengthen legal protections for their interests [7] - The article discusses the importance of refining the application of coercive measures against entrepreneurs to ensure their rights are upheld, aligning with fundamental legal principles [7] - Overall, the protection of entrepreneurs and the improvement of the bankruptcy system are seen as integral to the development of a high-level socialist market economy and legal framework [7][8] Group 4 - The article posits that the capabilities of entrepreneurs are not extraordinary but rather belong to ordinary individuals driven by a desire for better living standards and personal value realization [8] - It emphasizes the need to create a fairer market system that accommodates failure, allowing both established and aspiring entrepreneurs to thrive through competition and innovation [8][9] - A conducive environment is deemed essential for entrepreneurs to feel secure, as it fosters their ability to contribute positively to the market [9]