중국 개인회생제도 구축 중의 몇 가지 쟁점에 대한 소고-선전 개인파산조례를 참조로-

Abstract

Due to differences in historical causes, economic development, social policies and other factors, countries and regions have differences in the specific ways of setting up personal bankruptcy procedures. As a developing country, China, in the process of establishing a market-oriented bankruptcy system, formulated an enterprise bankruptcy system first due to national conditions. For a long time, it was considered to have only "half bankruptcy law" due to the lack of a personal bankruptcy system. The promulgation of the "Shenzhen Special Economic Zone Personal Bankruptcy Regulations" means the "ice-breaking" of the personal bankruptcy system, and shoulders the mission of accumulating legislative and judicial experience for the establishment of a national-level personal bankruptcy law. The personal reorganization procedure is in line with the deep recognition of the concept of debt repayment in traditional Chinese legal and cultural concepts, and is encouraging debtors to achieve economic rebirth through hard work and repayment of debts. This article takes China's Shenzhen Personal Bankruptcy Regulations as a reference, and analyzes several controversies in the current personal reorganization procedures in China, including disputes over the boot modes of personal reorganization, the lack of minimum repayment standards, and the deficiencies of the reorganization plan change system, the imperfection of the personal reorganization fraud prevention mechanism, etc. On this basis, it further proposes some improvement plans such as the introduction of a limited-choice boot modes and a "debt repayment ability test", set a repayment standard for disposable income, improve the reorganization plan change system, and optimize the personal reorganization fraud prevention mechanism.