比较法视野下我国个人破产制度的建构

Construction of Personal Bankruptcy System in China from the Perspective of Comparative Law

随着第二个百年奋斗目标的启程,我国企业破产法日益完善。面对个人全面商化的客观事实,基于历史和比较法的视角,我国个人破产制度的立法也迫切地提上日程。个人破产立法由于我国的传统思想限制和理论基础的缺失一直饱受争议,至今仍未启动。通过分析大陆法系和英美法系国家个人破产制度的立法理论和实践经验,在比较法的视野下对建立我国个人破产制度的若干法律制度进一步推敲和思考。

With the departure of the second centenary goal,China's enterprise bankruptcy law has become increasingly perfected.In the face of the objective facts of the comprehensive commercialization of individuals,based on the perspective of history and comparative law,the legislation of China's personal bankruptcy system should also be urgently put on the agenda.Personal bankruptcy legislation has been controversial due to the limitations of traditional ideas and the lack of theoretical basis,having not yet been launched.Based on the analysis of the legislative theory and practical experience of the individual bankruptcy system in the civil law system and the Anglo-American law system,this paper scrutinizes and considers the establishment of several legal systems of China's individual bankruptcy system from the perspective of comparative law.