Representatives of the National People's Congress suggested to accelerate the pilot of personal bankruptcy: Explore the centralized cleanup of personal debt

In the list of more than ten million people, some of the non -honest debt, but there are also some "honest but unfortunate" debtors who are indeed available for execution. "Without the special judicial relief of personal bankruptcy procedures, these executives may always stay on the" final case "library." Suggestions for the drafting and piloting of the Personal Bankruptcy Period of Guangzhou, in order to solve the "execution" that does not have the conditions for implementation conditions.

The Guangzhou Intermediate People's Court recently said that it can only focus on the exploration of work rules within the current legal framework, promote the centralized cleanup of personal debt, and safeguard the legitimate rights and interests of all parties in accordance with the law. At the same time, the research of the personal bankruptcy system will be strengthened, the legislative suggestions are actively exported, and the establishment of a personal bankruptcy system will be promoted.

Representative suggestions: Establishing a personal bankruptcy system can help solve the "difficult implementation"

During the first meeting of the 16th National People's Congress, Min Weiguo, a representative of the Guangzhou People's Congress, proposed the "Suggestions on Accelerating the Drafting and Pilot Drafting and Pilot of the Personal Bankruptcy of the Guangzhou Municipality". It is recommended to mention that with the implementation of the real estate registration regulations, the paperless and the electronic networkization of currency payment, the information construction of the personal credit records, and the improvement of the professional skills of the financial department, law enforcement department and intermediary agencies, to obtain individuals to obtain individuals The flow of property information and tracking of property provides increasing favorable conditions, and the objective conditions for implementing the personal bankruptcy system are becoming increasingly mature.

It is recommended that the establishment of a personal bankruptcy system helps to solve the "difficulty". The so -called "execution difficulty" includes not only due to poor execution measures, which leads to the "execution difficulty" that can be enforced by the execution cases that can be enforced. "Execution cannot be executed" without execution conditions and cannot be executed. The existence of these problems has reduced people's trust in civilian judicial procedures.

Among them, one of the reasons for the "difficulty of execution" is that the debtor in the state of bankruptcy is unable to repay the debt, but the irreparable bankruptcy mechanism completely breaks its debt, which has led the debt to long -term unreasonable.

Data from the Supreme People's Court show that there is no property in the country for enforcement cases accounting for about 40%to 50%of all execution cases, of which personal debt accounts for 70%of the cases.

As of September 2018, a total of 14,647 people were sentenced to rejection of the judgment ruling, and another 12.11 million people have on the list of dishonesty. Some of these people are indeed non -honest debtors, but some also belong to the "honest but unfortunate" debtors, which are indeed no property to execute. Without the special judicial relief of personal bankruptcy procedures, these executives may always stay on the "final case" library.

Secondly, establishing a personal bankruptcy system is the need to protect the various subjects of the market economy. The bankruptcy law must not only protect corporate and companies with legal person qualifications, but also to implement non -preference for equal equality protection for unincorporated organizations, individual industrial and commercial households, rural contractors, and natural persons. The formulation of the personal bankruptcy law is conducive to the orderly withdrawal from the market in an orderly manner, and it is also conducive to providing legalized channels for individuals' exemptions.

Again, establishing a personal bankruptcy system is conducive to maintaining social stability. The debtor is in a debt dilemma. If he cannot seek the protection of the bankruptcy law, the phenomenon of various violence debt collection will be unavoidable, and society will fall into a state of uneasiness.

It is recommended that Guangzhou accelerates personal bankruptcy legislation and regional pilot

In order to solve the problem of difficulties in the cleanup of personal debt, over the years, local courts have continuously tried and explored the implementation of a personal bankruptcy system in their implementation work.

In August 2016, the Guangdong Higher People's Court took the lead in setting up the bankruptcy trial and began to actively explore the personal bankruptcy system. The Shenzhen Intermediate People's Court of Guangdong Province actively launched and prepared the relevant work of Shenzhen's first trial personal bankruptcy system. In August 2020, the 44th meeting of the 6th Standing Committee of the Shenzhen People's Congress officially passed the "Shenzhen Bankruptcy Regulations". Zhejiang Province tried to clean up personal debts at one time and cleaned personal debt by reconciliation, similar to the bankruptcy reconciliation system.

It is recommended that Guangzhou, as the core engine city of the construction of the Guangdong -Hong Kong -Macao Greater Bay Area, should accelerate the personal bankruptcy legislation and regional pilots. It is recommended to actively explore the regulations on drafting and pilot individual bankruptcy in Guangzhou, and actively consult the relevant judicial administrative organs The problems, legislative difficulties, and implementation suggestions faced by the system, consult the public to establish a personal bankruptcy system, and continuously improve the personal bankruptcy legislation.

Guangzhou Central Court: Explore the establishment of a centralized clean -up work mechanism for personal debt

The Guangzhou Intermediate People's Court replied that this proposal has strong practical significance for improving my country's market economy legal system, cracking "difficulty in implementation", protecting various market entities on equality, and maintaining social stability.

Establishing a personal bankruptcy system is conducive to protecting honest and unfortunate individual debtors and improving the orderly exit mechanism of unable to implement cases. It is of great significance for creating a fair and orderly market competitive environment and comprehensively optimizing the business environment.

In response, the "Fifth Five Five Five Five Five Five Five Five Five Five Five Five Five -Year Reform Outline (2019-2023)" proposes to "study and promote the establishment of a personal bankruptcy system." The Shenzhen Municipal Intermediate People's Court carried out personal bankruptcy trials in accordance with the "Personal Bankruptcy Regulations of the Shenzhen Special Economic Zone". Other people's courts in many places also conducted useful explorations in the form of personal debt cleanup.

The personal bankruptcy system is adjusted by the rights and obligations of the debtor, creditors, and other stakeholders. It belongs to the basic civilian system, and involves litigation systems such as liquidation, rectification, and reconciliation and restricting personal freedom. The law stipulated in Article 8 of the Law can only formulate the law. At present, in addition to the pilot work authorized by the National People's Congress to carry out the personal bankruptcy system, other regions, including Guangzhou, can only focus on the exploration of work rules within the current legal framework and carry out personal debt cleanup.

Regarding personal debt clearance, the Guangzhou Intermediate People's Court actively promoted the formulation of the "Regulations on Optimizing the Business Environment of the Guangzhou City".

In order to implement the above work requirements, the Guangzhou Intermediate People's Court adhered to the law as the basis to explore the establishment of a centralized clean -up work mechanism for personal debt. The "Guidelines for the Concentration of Personal Debt Cleanment (Trial)" was formulated, and the review and acceptance of personal debt clearance, designated manager designation, and cleaning procedures were made, and actively explored in practice. At the same time, strengthen the research of the personal bankruptcy system, summarize practical experience, actively export legislative suggestions, and promote the establishment of a personal bankruptcy system.

Text/Guangzhou Daily · Xinhuacheng Reporter: Wei Lina Guangzhou Daily · Xinhuacheng Editor: Lin Jing

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