建立个人破产制度：化解个人债务纠纷的新路径

极端个人债务纠纷主要有暴力逼债、涉黑讨债、自残要债、抢先要债、霸道拒债、恶意逃债、消极避债、择亲还债等,这不利于社会和谐与稳定,也不利于社会公平与再生。建立个人破产制度不失为化解极端个人债务纠纷的有益探索。个人破产制度要着重关注破产原因、程序启动与法院受理后的效力、失权与复权制度、免责制度与自由财产制度等问题。完善的个人破产制度和理性的个人破产文化,可以有效地避免有清偿能力的债务人以破产为借口来逃债。

Establishing the Bankruptcy Law System of Individual:a New Solution to Individual Debt Dispute

Radical individual debt disputes are mainly represented as follows： pressing for debt repayment with violence,gang-related crimes,self-mutilation or taking action before others have a chance,refusing overbearingly to repay debt,avoiding debt payment maliciously and passively,taking the nearest in relationship as the priority of repayment.These disputes are not conducive not only to social harmony and stability,but to social equality and renewability.Establishing the bankruptcy Law system of individual can be a useful probe into solutions to individual debt disputes.Establishing the bankruptcy Law system of individual should focus on the issues such as reasons for bankruptcy,starting procedure and effect after court acceptance,system of losing and regaining the right,discharge system and free property system.Improved individual bankruptcy system and rational individual bankruptcy culture can effectively prevent the debtor who has repaying ability from refusing to repay under the pretense of bankcruptcy.