我国个人破产制度实施的困境与破解

The Dilemma and Solution of the Implementation of Personal Bankruptcy System in China

摘要: 破产起源于古罗马，现有破产制度未包含个人。随着经济的发展，企业破产已不能满足社会破产问题解决的需要。本文从个人破产可以减少资源浪费，稳定市场经济、协调权利冲突，减少矛盾纠纷、接轨国际法律，满足涉外需求的重要意义，针对个人破产面临的传统社会观念的束缚、个人破产法律规范不完备、个人征信体系不完善，财产登记制度不健全、失权复权制度不齐备、破产欺诈的配套惩治措施不规范这一系列的困境，指出要从培育现代破产观念、成立专门破产案件处理机构，加强破产立法、完善个人征信体系和财产登记制度、奖励监督，完善失权复权制度、完善个人破产配套保障措施这几个方面予以破解。

Abstract: Bankruptcy originated in ancient Rome and the existing bankruptcy system does not exclude individuals. With the development of economy, enterprise bankruptcy has been unable to meet the needs of social bankruptcy. This paper focuses on the personal bankruptcy which can reduce the waste of resources, stabilize the market economy, coordinate the conflict of rights and reduce contradictions and disputes, in line with international law, to meet the foreign needs of the significance of personal bankruptcy. Facing the series of difficulties: the traditional social concept of bondage, personal bankruptcy legal norms are not complete, personal bankruptcy enforcement is difficult, personal credit investigation system is not perfect, property registration system is not perfect, loss of right to recover the right system is not complete, bankruptcy fraud matching punishment measures are not standard, it pointed out that we should cultivate modern bankruptcy concept, organize professional team, strengthen the bankruptcy legislation, set up special bankruptcy case processing institutions, improve the personal credit system and property registration system, reward supervision, improve the loss of rights to restore the right system, improve the individual bankruptcy criminal, and administrative punishment measures.