"Be in debt return money, perfectly justified " . This is home circulates a the widest word, especially dun personnel. Even, the dun person that the mouth hates still can catch up with again -- " arrive dead to also want to return " . Why? Debt goes back on his word to be not dropped forever. Review this society, because of dispute over obligation, bring about bleed incident, destroy door massacre, too numerous to mention one by one, most famous, it is to produce those who be in Shandong to talk about a city " stab disgrace mother case to death " .
Enterprise endowment not pay a debt in kind or by labour, can apply for to go bankrupt to the court; The individual is heavily in debt, cannot repay, whether can you apply for to go bankrupt to the court? Won't! Because, the mainland, go bankrupt without the individual at all law.
Nevertheless, this kind of circumstance is in probably some day, meeting change. To be heavily in debt, for the person that still does not have money, good news is coming stealthily!
On October 31, du Mohua of vice director of advisory committee of top people court is written civil point out, our country should build an individual to go bankrupt as soon as possible system. Probably, we can be this understanding the proposal of the expert inside course of study. After all, from to table a proposal, media hair drier arrives be born of final policy, law, need long time. Resemble estate tax, media and scholar cried old, still be in pilot condition now.
Turn a week forth, the supreme court grew Zhou Jiang to express state as much. On October 24, zhou Jiang is in thirteenth standing committee of countrywide National People's Congress on the 6th conference, courtyard of the civil code that make a person is solved " it is difficult to carry out " the proposal when the report of working circumstance, drive build an individual to go bankrupt system, perfect and active go bankrupt law, expedite " carry out cannot " the case exits method lawfully.
Successional the figure of two heavyweight makes known his position to advance an individual to go bankrupt, look superstratum reached unanimous opinion almost, resistance is not great, specific look when to be rolled out, when be born, depend on completely the social environment of instantly and economic environment.
Domestic insolvency law, have business failure way only at present, be promulgated in August 2006, carried out on June 1, 2007. In view of the condition is immature at that time, the natural person's insolvency was not brought into among them, accordingly, be called by play " half go bankrupt law " . And the market economy country in maturity, area, for instance area of the Taiwan of the United States and our country, Hong Kong, have the system that the natural person goes bankrupt.
A person perhaps is managed because of consumption, owed the debt that cannot repay. Be in current China, often encounter chase after debt continually, it is force is urged even close. Debtor often is born be inferior to dead, be forced divorce, fugitive, commit suicide even; Especially female, or is be controlled to be engaged in by other, be forced to walk the street. Even if is borrower death, his family is annoyed possibly also continuously.
The natural person goes bankrupt, be equivalent to giving debtor " the opportunity of the renascence on Wu " , also give loan at the same time with certain safeguard, it is the important sign of contemporary and civilized society. The individual's life and death lives or die, far more important than dispute over obligation. So, the individual goes bankrupt to develop to maintaining social harmony stability, stimulative economy, have positive effect.
The social environment of instantly, the come on staging that goes bankrupt to the individual likewise laid a foundation. In recent years, domestic dweller debt increases considerably. The data of bank of mere China people shows, up to end of the 2nd quarter, the bank blocks the amount that give a letter to be 13.98 trillion yuan, the bank gets stuck should countervail credit remaining sum is 6.26 trillion yuan, half an year of credit card exceed the time limit not countervail credit total seventy-five billion six hundred and sixty-seven million yuan. 2017, leverage of our country dweller already was amounted to 48.6% .
"Fang Nu " " car slave " " card slave " those who wait for a vocabulary is flush, also mean likewise, in future, our economic life still will be below high indebted case move. Below this kind of circumstance, go bankrupt through the individual the law has very important sense to removing mechanism of credence of market of financial venture, rehabilitate.
Especially, instantly net is borrowed flush, usurious, cover a road to borrow emerge in endlessly, borrower often because of brushstroke very small debt, bring about debt finally to break up, personal property by other con, ask for forcibly. Instantly is active borrow in the net, usurious the dun company below, become a cancer that affects social stability. Once announce the individual is broken,produce a system, huge blow is put usurious with dun company, enhance huge social stability and security.
Of course, somebody is baleful raise debt, transfer property again, application goes bankrupt, this is the apprehension of most person. Actual, this kind of situation happens very hard. No matter borrow money where, need to assure, the room borrows detain room, the car shifts detain car, want to cheat borrow very difficult implementation. Somebody collude of inside and outside, ill will is cheated borrow, application goes bankrupt, affirmative meeting has, but this and go bankrupt the law has nothing to do. Did not go bankrupt law, collude of inside and outside is cheated borrow also happen from time to tome.
The individual goes bankrupt law, campus is borrowed, usurious, cover a road to borrow metropolis astringent many, once threatening too apply for to go bankrupt to the loss outweights the gain possibly very.
The individual goes bankrupt law, although do not accord with Chinese tradition, be tall indebted society however must law.
