个人破产免责制度研究

Research on Personal Bankruptcy Exemption System

摘要: 随着我国经济的飞速发展，建立个人破产制度迫在眉睫。越来越多的自然人投入到经济活动中，成为重要的经济主体，个人资本不断累积的同时资不抵债的风险也在增加。个人破产免责制度，作为个人破产制度体系中的核心部分，它规定在破产宣告之后，债务人无力偿还的债务可予以免除，为那些“诚实而不幸”的人提供了重新出发的契机。这一制度在平衡债权人和债务人利益方面发挥着关键作用，既保障了债权人在合理范围内尽可能受偿，又给予债务人摆脱沉重债务枷锁、重新规划生活的机会。本文将以个人破产免责制度为切入点，探寻其历史渊源，分析个人破产免责制度立法现状，阐述其构成要素及目前存在的问题，对域外经验进行分析并明确制度运行的关键要点。在此基础上，为构建符合我国国情的个人破产免责制度提出独到的见解与切实可行的建议。相信这些努力将极大地保护债权人和债务人的合法利益，进一步维护我国经济社会的稳定与和谐发展。

Abstract: With the rapid increase of China’s economy, more and more individuals have entered the market economy and become an important subject of the market economy. Meanwhile, the risk of personal insolvency is increasing, and the establishment of a personal bankruptcy system is imminent. The personal bankruptcy exemption system, as a core part of the personal bankruptcy system, provides for the discharge of debts that the debtor is unable to pay after the declaration of bankruptcy, offering those who are “honest but unfortunate” the opportunity to make a fresh start. This system plays a key role in balancing the interests of creditors and debtors, guaranteeing that creditors are paid as much as reasonably possible, while giving debtors the opportunity to escape from the shackles of heavy debt and plan their lives anew. This paper will take the personal bankruptcy exemption system as the starting point, explore its historical origin, analyze the current legislative status of the personal bankruptcy exemption system, explain its components and current problems, analyze the overseas experience and clarify the key points of the system. On this basis, it puts forward unique insights and practical suggestions for the construction of personal bankruptcy exemption system in line with China’s national conditions. It is believed that these efforts will greatly protect the legitimate interests of creditors and debtors and further safeguard the stability and harmonious development of China’s economy and society.