중국 개인파산제도 구축을 위한 입법적 제언

Individuals play an important role in a market economy. In the case of default in the market economy, when repayment cannot be made on time, the debtor must be able to smoothly exit the market while protecting the legitimate rights and interests of creditors. That is why the personal bankruptcy system is on the rise. Due to the current development of the Internet and the constant development of science and technology, socio-economic transaction activities continue to increase, so disputes over bonds and debts are gradually increasing. In response, China enacted the ‘Corporate Bankruptcy Law’ for corporations, but the system related to personal bankruptcy has not yet been established. This is a huge loss not only for the country but also for individuals. Because when the court has to declare bankruptcy against an individual, not only is it difficult to enforce, but it is also helpless for the person to be enforced. Faced with these practical difficulties, this thesis starts with the feasibility and necessity of China’s personal bankruptcy system and discusses the elements necessary for China’s personal bankruptcy system. So, first of all, let’s take a look at the basic discussions related to the bankruptcy system. After that, China’s laws and related policies are reviewed. In addition, the personal bankruptcy system in effect in the United States, Japan, and Korea is comparatively analyzed. Finally, the case of Shenzhen, which is operating a personal bankruptcy system on a pilot basis, is comprehensively analyzed. Through this analysis, The authors would like to make a comprehensive proposal regarding China’s establishment of a personal bankruptcy system.