论我国个人破产制度之不足及其改进

The Necessity and Instructions to the Construction of Individual Insolvency Law

个人破产制度是长久以来在大陆法系和英美法系普遍存在的一种个人债务强制完结制度。其产生和完善随着资本主义信用机制的不断突破和修复而完成。个人破产制度有其独特的文化和人文理念基础,尤其在完善市场诚信、清晰责任限度、构建完善的风险投资制度等方面意义重大。本文对比中外个人破产制度在这些方面的经验,力图提出一些相应的立法建议和改进措施。

Individual Insolvency law has long prevailed both in Roman and Common law regime, which comes into being with the design for mandatory individual debt liquidation, its purpose and role demonstrate the necessary and foundational role of capital trust system in a market economy. Although there is special historic and cultural background in its generation, it's already one of the basic rules in a market economic environment. While in china, for a long period, the blank of Individual Insolvency Act has become an obstacle for a construction of modern economic system. Market economic rules leave us an urgent task to reform the out-dated insolvency law to meet the need of an international market competition.