我国个人破产制度的必要性与建构路径研究

Research on the Necessity and Construction Path of Personal Bankruptcy System in China

2006年,我国出台了《企业破产法》,对企业的市场退出机制给出了合理、公正的保障,但对个人破产制度却迟迟没有规定,不能不说是一个遗憾。在我国市场经济的不断发展下,国家大力推行扩大内需的大政策下,在住房等消费信贷持续增长的同时,对个体经济的重视也逐渐降低了信贷的门槛。而已经引发全球经济危机的美国次级债危机的爆发,将在此背景下出现无法大量买单的局面。以此来促进个人创业和消费的健康发展,在法律层面如何构建一种制度来化解、消化这样的市场风险显得尤为重要。尤其是近年来对建立起我国个人破产制度的呼声变得越来越高,在此背景下就个人破产制度的必要性以及建构路径展开深入探究。

In 2006, China issued the Enterprise Bankruptcy Law, which provides a reasonable and fair guarantee for the market exit mechanism of enterprises, but it is a pity that the individual bankruptcy system has not been stipulated for a long time. With the continuous development of China’s market economy and the national policy of expanding domestic demand, while consumer credit such as housing continues to grow, the emphasis on the individual economy has gradually lowered the threshold of credit. The outbreak of the US sub-prime debt crisis, which has triggered the global economic crisis, will lead to a situation in which a large number of bills cannot be paid. In order to promote the healthy development of personal entrepreneurship and consumption, it is particularly important to build a system to resolve and digest such market risks at the legal level. Especially in recent years, the call for the establishment of China’s personal bankruptcy system has become increasingly high. In this context, the necessity and construction path of the personal bankruptcy system have been deeply explored.