중국 원저우시(温州市) 중급법원의 「개인채무 집중정리의 실시에 관한 의견(시행)」(关于个人债务集中清理的实施意见(试行)(2019년)- 일반론과 조문내용을 중심으로-

Abstract

The Intermediate Court in Wenzhou published the Implementing Opinions on the Centralised Clean-up of Personal Debt(关于个人债务集中清理实施意见, hereinafter the Opinions) on 13 August 2019. There are in total 44 articles in this Opinions. This paper will examine the entire contents of this Opinions, article by article. The focus will be on the exact translation of the entire articles with its related comments, which brings better understanding and the help of follow-up research in Korea. The key points of the opinions are as follows: Conditions for commencing personal bankruptcy proceedings, Appointing an administrator(article 17), Repayment plan, Credit restoration(article 34), Restraining order(article 35), etc. At present, there is no personal bankruptcy law in China，but the current Enterprise Bankruptcy Law(2006) only applies to enterprises, excluding natural persons. The discussion about the need to introduce legislation on the bankruptcy law related to natural persons in China, has been ongoing, and recently. this topic has become a hot topic again, especially since 2019. As a result, some relevant regulations were enacted as a level of local courts, the names being mainly the centralized Clean-up of Personal Debts, such as in the Taizhou Intermediate People's Court, the Wenzhou Intermediate People's Court, the Wujiang People's Court and the Gaoqing People's Court(2019). Recently, the Shenzhen city’s legislature published a draft regulation on allowing personal bankruptcy, seeking suggestions from the public, released on 2nd June 2020, which will be the first personal bankruptcy legislation. Although the present opinions are only in accordance with a local court’s rule, it will be a good start to progressively expand the idea of personal bankruptcy, the milestone for the law on personal bankruptcy at the national level.