个人破产制度的立法重构

Reconstruction of Personal Bankruptcy System in Legislation

针对《企业破产法》存在的局限性、个人信用消费过度以及形成不良信用后执行难等问题,构建我国个人破产制度有其必要性,对于无力还债的个人应当通过破产制度使其重新开始。构建我国个人破产制度应当以平衡债权人与债务人权利义务为首要目标,借鉴其他国家和地区的先进经验,明确个人破产制度主体适用范围、合理限制个人债务免除以及创立失权与复权制度,以较为完善的个人破产模式推动社会信用体系和生产经营的有序发展。

Due to the limitations in the Enterprise Bankruptcy Law,as well as the problems such as excessive consumption with personal credit and the difficulties in enforcing judgments for individuals with poor credit records,there's the necessity to construct the personal bankruptcy system for granting over-indebted individuals to start over through declaring bankruptcy.To balance the rights and obligations between creditors and debtors will be the primary goal in construction of China's personal bankruptcy system,and it's imperative to draw on the advanced experience of other countries and regions,clarify the application scope for subject in the personal bankruptcy system,impose rational restrictions on personal debt relief,create systems related to loss of right and restoration of right,so as to promote the orderly development of the social credit system as well as to guarantee production and operation with a more perfect mode of personal bankruptcy.