个人破产的法经济学分析

Law and Economic Analysis of Personal Bankruptcy

个人破产是构成破产制度的重要组成部分,回溯中国破产立法历程,对个人破产的研究一直是民法研究的重要视阈之一。个人破产制度是完善中国特色社会主义市场经济体制的重要一环,从法经济学角度对个人破产进行分析,可以发现个人破产的经济学原理--个人提前占有了一部分本不属于自己的效用水平。基于此破产原理,个人破产制度规制的基本方法和原则必须遵从:"失权",通过特定惩罚性方式降低破产个人效用水平;由于个人不同于企业,还有其他社会属性及功能,更需要"复权",以使个人权利得到保障。

Personal bankruptcy is an important constituent part of the bankruptcy system. Looking back on the process of Chinese bankruptcy legislation, the research of personal bankruptcy has always been an important perspective of civil law studies. The personal bankruptcy system is an important link in the improvement of China's market economic system with socialist characteristics, to analyze personal bankruptcy from the perspective of law and economics can discover the economic principles of personal bankruptcy: someone occupies in advance a part of utility level that does not belong to him. Based on this bankruptcy principle, the basic methods and principles of personal bankruptcy system must be followed:" loss of the right",i.e., through a specific punitive way to reduce the bankrupt individual's utility level. Different from enterprises, a person has other social attributes and functions, what they need more is "to restore their rights",so as to ensure their personal rights.