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28/04/2020

Personal bankruptcy brings "honest and unfortunate" people back to life

On April 10, 2020, a symposium on Soliciting Opinions on the regulations on personal bankruptcy of Shenzhen Special Economic Zone was held, and it is proposed to submit it to the 41st session of the Standing Committee of the 6th Municipal People's Congress for first instance. After the completion of the first trial, the regulations on personal bankruptcy of Shenzhen Special Economic Zone (Draft) will solicit public opinions.


The enterprise bankruptcy law of the people's Republic of China has been implemented in June 2007, but the personal bankruptcy system at the national level has been put on hold. In July 2019, 13 departments including the national development and Reform Commission and the Supreme People's law issued the reform plan for accelerating the improvement of the withdrawal system of market subjects, proposing to step forward the establishment of the natural person bankruptcy system, step by step to promote the establishment of the qualified consumption liabilities of natural persons, which can be reasonably exempted according to law, and finally establish a comprehensive personal bankruptcy system. The promotion of the regulations on personal bankruptcy of Shenzhen Special Economic Zone (Draft) makes Shenzhen take the lead in the country.


According to Beijing Weinuo lawyer, the personal bankruptcy system does not mean that "the old man can not repay the money according to law".


Bankruptcy is an inevitable phenomenon of market economy. Many developed countries, such as Germany, Britain and the United States, have established personal bankruptcy system with two purposes


First, let those "honest and unfortunate" individual debtors get a new life, get debt relief and "comeback" opportunities according to law, reduce the worries behind entrepreneurship, and stimulate the vitality of social innovation and entrepreneurship.


The second is to provide effective protection for the legitimate rights and interests of creditors, clarify the distribution rules of individual bankruptcy liquidation income in the form of law, create a good financial business environment and social order, the remaining property of the debtor can be distributed to each creditor in the most equitable way as far as possible, and better protect the interests of creditors.


The introduction of personal bankruptcy system will actually change the bottom line concept of debt repayment and justice in China for thousands of years. In fact, the personal bankruptcy system confirms the exception that debt can not be repaid. When protecting the "honest and unfortunate" debtors, don't forget how to increase the protection of creditors' interests and let good creditors down. This is exactly:


I'm a passer-by with the loan, you take bankruptcy to catch the stars


Spring wind melts snow three spring cold, autumn water intentionally breaks faith elder brother.