我国个人破产法适用主体研究

A Study on the Subject of Application of Per-sonal Bankruptcy Law in China

个人破产主体是个人破产法适用的基础。当前,我国个人破产法适用主体存在“个人”认识不一致、农村居民是否应该纳入破产主体和“诚实而不幸”的内涵不明确等问题。本文认为,从域外经验和我国实践来看,可通过采取广义“个人”涵义、建立农村土地价值置换机制与明确“诚实而不幸”的实体和程序内涵等做法确立我国个人破产法的适用主体。

The subject of personal bankruptcy is the basis for the application of the personal bankruptcy law. At present, there are problems such as inconsistent understanding of “individual” in the application of China’s personal bankruptcy law, whether rural residents should be included in bankruptcy subjects, and unclear connotations of “honest and unfortunate”. From the perspective of extraterritorial experience and China’s practice, the applicable subject of China’s personal bankruptcy law can be established by adopting the broad meaning of “individual”, establishing a rural land value replacement mechanism, and clarifying the substantive and procedural connotations of “honest and unfortunate”.