Chinanews.com, Beijing, November 9th (Gong Hongyu) The concepts of "repaying debts are justified" and "paying debts from father to son" are incompatible with personal bankruptcy legislation?
In this regard, Xu Yangguang, deputy director and secretary-general of the Bankruptcy Law Research Center of Renmin University of China, accepted an exclusive interview with the "China New Observation" column of Chinanews.com and interpreted.
Recently, the country's first personal bankruptcy settlement case was concluded, and personal bankruptcy debtors were exempted from more than 900,000 debts. It became a hot topic on the Internet and caused widespread heated discussions.
Some voices believe that the personal bankruptcy system is in contradiction with the traditional concepts well-known to the common people such as "repaying debts and paying off debts" and "paying debts from father to son".
Xu Yangguang believes that the phrase "repaying debts is justified" itself is not wrong. Signing a loan contract means that contract obligations are created and promises must be kept.
However, according to modern bankruptcy law theory, the relationship between creditor's rights and debts is not a matter of pure private autonomy. It is not only related to creditors and debtors, but also related to economic and social development and the operation of financial markets, and is closely related to social interests.
"When a person really loses the ability to repay, or a company loses the ability to repay, is it the burden of debts for the rest of his life, and there is no way to regain his role as a dynamic market entity, or to provide a legal remedy? , Let him unload some of the burden of debts, pack lightly, and become a vigorous member of society again, creating more social wealth for us?" Xu Yangguang said.
Xu Yangguang said that if a person falls into a heavy debt burden, that person may become a target who needs the state to help.
More importantly, if he encounters difficulties in his survival, his debts cannot be paid off, and he will never get out, he will always carry this burden, and he will never be able to unload the burden, rise again, and start his own business again; the more important ones may also be spiritually out. The problem is that he may even engage in some illegal and criminal acts.
Therefore, we are now beginning to consider using the personal bankruptcy system to provide a way out for people who are in heavy debt distress.
Xu Yangguang said that the notions of "repaying the debts are justified" and "paying the debts of the father and the son" are more of a moral compliment.
But in law, whether the father or the son is an independent individual.
The traditional concept is a moral judgment, and personal bankruptcy legislation is a legal value weighing and should not be confused.
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