中国个人破产制度的规范研究

Abstract

After a long period of exploration, the legislative mode and judicial practice of individual bankruptcy system in foreign countries have become very mature. However, whether it is necessary to establish the personal bankruptcy system in China has aroused heated academic debate. With the introduction of the fifth five-year Reform Outline (2019-2023) of the Supreme Court's People's Court and the National Development and Reform Commission's 13-part reform plan to improve the withdrawal system of market entities as soon as possible, the study of personal bankruptcy system in China has changed from legislative theory to judicial theory. The courts at both levels in Taizhou, Zhejiang Province, issued the "interim provisions on the procedure for transferring enforcement proceedings to individual debt liquidation", and the Wenzhou Intermediate People's Court of Zhejiang Province also issued the "implementation opinions on the centralized liquidation of individual debt (for trial implementation) ". In 2021, the Shenzhen Special Economic Zone Personal Bankruptcy Ordinance officially came into effect, marking the official entry into the legal era of China's personal bankruptcy system. The establishment of personal bankruptcy system can not only promote the prosperity and transformation of the Socialist market economy, but also help to protect the honest but unfortunate debtors from the bankruptcy debts and ensure the creditors to obtain the payment fairly and reasonably, it can also reshape the people view of creditor rights, so as to solve the problems of civil enforcement. The establishment of China individual bankruptcy system needs to fully respect and consider the nature of the Socialist market economy. The legislative mode of independent legislation and the subject mode of limited generalism should be adopted so as to limit the scope of individual bankruptcy. To guarantee the timely regeneration of the debtor through the establishment of the free property system and the debt relief system. At the same time, it is necessary to screen cases for compliance through the necessary pre-procedure and establish a system of timely loss and restoration of rights, with a view to individual bankruptcy system better serve the Socialist market economy.