On December 3, the Zhejiang Higher People's Court held a press conference and issued the "Guidelines for the Centralized Liquidation of Personal Debts (Personal Bankruptcy) in Zhejiang Courts (Trial)" (hereinafter referred to as the "Work Guidelines").

It is reported that the release of the "Work Guidelines" means that Zhejiang has formally explored the personal bankruptcy system.

　　The "Work Guidelines" put forward the three basic principles of compliance with laws and regulations, encouragement of exploration, and linkage between government and court, and it is clear that it is necessary to actively explore the purpose of exempting property in the bankruptcy system through conditional debt relief, honest property declaration, and reasonable determination of "life necessities" In the centralized liquidation of personal debts, we will fully explore the institutional factors of personal bankruptcy.

　　At present, my country does not have a bankruptcy system for individuals, which means that once entrepreneurs fail to start their own businesses, they cannot withdraw from the market and rebirth. For “honest and unfortunate” entrepreneurs, there is also a lack of debt exemption and opportunities to start a new business. .

　　In the process of forming the personal bankruptcy system, the establishment of the bankruptcy management department, the exemption of property, and the exemption from inspection period are very important.

　　It is worth noting that the "Work Guidelines" clarified that the debtor’s exemption inspection period is 5 years, that is, if a creditor does not agree to forgive the debtor’s remaining debts or sets a behavioral inspection period as a condition for agreeing to cancel the remaining debts, the behavioral inspection period is the end of the ruling 5 years after the centralized liquidation of personal debts.

　　For the bankruptcy management department, the "Work Guidelines" clarify that in the centralized liquidation of personal debts, social intermediary agencies and their practicing lawyers, practicing certified public accountants, or public administrators of government departments can be designated on the list of bankruptcy administrators to serve as Manager of centralized liquidation of personal debts.

　　In an earlier interview with The Paper (www.thepaper.cn) reporter, Yin Huifen, an associate professor of Shanghai University of Political Science and Law and secretary-general of the Bankruptcy Law Research Institute of Shanghai Law Society, said that the establishment of a bankruptcy affairs management department will hand over administrative affairs in bankruptcy cases to bankruptcy. The affairs management department greatly eases the pressure on judges.

　　Previously, on August 26 this year, the 44th meeting of the Standing Committee of the Sixth Shenzhen Municipal People’s Congress voted and passed the "Shenzhen Special Economic Zone Personal Bankruptcy Regulations." As my country’s first personal bankruptcy regulations, the regulations clearly stated that debtors have been subjected to strict behaviors after three years. The limited period of investigation can forgive the remaining debt.

　　Regarding the exemption of property, Shenzhen’s regulations specify that the cumulative total value of exempt property shall not exceed 200,000 yuan. Experts analyze that this takes into consideration the balance between the debtor’s right to survival and development and the creditor’s rights.

　　However, the "Work Guidelines" did not make clear requirements for the value of the exempted property, and at the same time required honest property declaration and reasonable determination of "life necessities."

　　The “Work Guidelines” clarified that the debtor’s daily necessities (exempt property) list, property distribution plan, etc. will be reviewed by the creditors’ meeting. The creditors’ meeting’s review of the debtor’s life necessities (exempt property) list will be used by the people’s court as the basis of the Civil Procedure Law of the People’s Republic of China. "Article 244 is an important basis for determining the scope and amount of the "necessities of life of the person subject to execution and their dependent family members".

　　In recent years, Zhejiang has made many explorations and attempts in the system of personal bankruptcy and debt liquidation.

Previously, in October 2019, the country's first case of centralized liquidation of personal debts with substantial personal bankruptcy functions and considerable procedures was successfully concluded in the Wenzhou Pingyang Court. "The debt of 2.14 million only needs to be repaid 32,000 yuan" became the focus of media reports.

　　In an exclusive interview with The Paper (www.thepaper.cn), Chen Weiguo, a member of the Party Group of the Intermediate People's Court of Wenzhou City, Zhejiang Province, said in an exclusive interview that promoting the establishment of a personal bankruptcy system will inevitably involve financial creditors and activate the debts of existing financial institutions. Remission system.

　　Many experts and scholars believe that the establishment of a personal bankruptcy system is actually part of the establishment of a personal creditworthiness system. In the process of gradually "breaking the ice" and establishing a personal bankruptcy system in my country, it is necessary to guide everyone through the application of law. Simply having a simple sense of creditworthiness is If it is not enough, there must be compliant and honest behaviors, such as actively fulfilling debts, reporting property truthfully on time, strictly implementing consumption restrictions, and cooperating with court enforcement.

　　Reporter Ruoting Zhang