| Personal bankruptcy is the proper market economy system’s rescue and withdrawal system,which provides "honest but unfortunate" debtors with a chance of rebirth,which is conducive to further stimulating the vitality of market players,and is also the proper meaning of optimizing the business environment and realizing common prosperity.China has not yet enacted a personal bankruptcy law due to historical reasons.Local pilot projects represented by Zhejiang and Shenzhen have been successful in recent years,with the improvement of the supporting system,and the voice of individual bankruptcy legislation is rising.At this stage,there is an objective need to realize common prosperity for the necessity of pushing the individual bankruptcy system in an all-around way.It is an unavoidable requirement at the meso level to promote the development of the market economy;at the micro level,it is a realistic requirement to reduce the number of lawsuits and enforcement cases.However,the legislation of the individual bankruptcy system at the national level,like the legislation of enterprise bankruptcy law,only fills the gap and specifies some basic regulations and procedures.The content of the operation level must be gradually improved in accordance with practice.According to the analysis and research of 163 cases of centralized liquidation of personal debts tried by T county court,the personal bankruptcy system still has a long way to go from landing to comprehensive promotion! Starting,cleaning,and ending difficulties have become current work obstacles;cleaning success is low,and the serious phenomenon of program idling is prominent.There are three major reasons for this.First,the screening and diversion mechanism is missing,and the review port is behind.The second is "Individual advance," which has not resulted in the formation of a "internal and external" joint force.Third,the connection between the two sides is not smooth,resulting in a roadblock.This paper summarizes the practical experience of two pilot models of personal bankruptcy system in Chinese courts(Zhejiang model with practice first and Shenzhen model with legislation first)and draws lessons from advanced experience promoting personal bankruptcy system abroad.The solution to the problem of promoting personal bankruptcy in China is to build a personal bankruptcy system and supporting mechanisms from the two dimensions of "widening access and ensuring outlet." To broaden the approach,we should build a system for clearing out-of-court debts,make clearing out-of-court debts the pre-procedure,and resolve a large number of debt disputes outside of the litigation procedure:(1)Determine the link.Move the review port forward and advise debtors whose debts have not yet erupted to file for personal bankruptcy as soon as possible.(2)Establish a debt consultation system during the application process to provide debtors with bankruptcy education and application counseling.(3)The pre-agreement procedure should be built during the trial stage,and only after the debts have been cleared out of court should it be transferred to the personal bankruptcy procedure.(4)In manager management,relax access standards for managers,implement a market-based mechanism for manager remuneration,and develop performance guidelines.It is built from three links in terms of ensuring the way out,in order to improve the procedural effectiveness and efficiency of individual bankruptcy procedure:(1)Diversion link,case handling based on type.(2)During the handling process,we should expand financing channels,improve the property investigation mechanism,and establish a credit evaluation mechanism.(3)Disconnect the link and set up a two-way integration mechanism. |
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