New Zhejiang exploration: personal bankruptcy system takes another step forward_ 东方 Fortune.com

Original title: New exploration in Zhejiang: Another step forward in the personal bankruptcy system

personalBankruptcyThere are new advances in exploration. On December 3, the Zhejiang High People’s Court heldPress conference, Issued the “Centralized settlement of personal debts by the Zhejiang court (classPersonal bankruptcy)jobsGuidelines (proof): The publication of the “Employment Guidelines” means that Zhejiang has formally explored the personal bankruptcy system.

The birth of these “Work Guidelines” is easily reminiscent of the forty-fourth meeting of the Standing Committee of the Sixth Shenzhen Municipal People’s Congress on August 26 this year.meeting“Shenzhen special economic zonePersonal bankruptcyRegulations“, and this is also China’s first personal bankruptcy law. After more than three months, the” Work Guidelines “followed and introduced regulations on personal bankruptcy again. This cannot be considered a simple repetition of the Shenzhen model, because there are also many innovations in this round of exploration in Zhejiang.

First, from the perspective of the road, Zhejiang has adopted a model of local judicial “regulation”. The “Individual Bankruptcy Regulations” passed by Shenzhen are local regulations in nature and have legal effect in the local area, while “Individual Bankruptcy Regulations” Labor guidelines “issued by Zhejiang are those issued by the Provincial High Court.Normative documentsIt is not a legal document and, in terms of regulatory effectiveness, it is not as good as the Personal Bankruptcy Ordinance, however, the Provincial Court belongs to the highest judicial body of the province, and the regulatory documents it issues have the effect of guiding the judicial bodies at all levels of the local sphere, and may also regulate personal bankruptcy.behavior。

Second, from a formal point of view, what Zhejiang is promoting is a “business” plan. The Shenzhen-approved “Personal Bankruptcy Regulations” is a local regulation that specifically regulates personal bankruptcy. Article 173 of 13 chapters clarifies the application, acceptance and acceptance of personal bankruptcy.propertyDeclaration, exempt property, summary procedures, etc. As for the “Labor Guidelines” issued by Zhejiang, literally speaking, centralized personal debt settlement does not mean “personal bankruptcy”, and it can only be called “personal bankruptcy”. Why is there such a “phrase” difference? This is because local regulations can specifically regulate personal bankruptcy, but as a local judicial body, you can only regulate your own work from a business perspective. In accordance with article 61 of the “Work Guidelines”, all are relevant rules for the specific functioning of judicial bodies, which is also convenient forFunctional department“Follow the picture to find out.”

Again, from a content point of view,Zhejiang ModelAlso very “personality“For example, according to the Shenzhen” Personal Bankruptcy Regulations “, the debtor can forgive the remaining debts after a three-year inspection period subject to strict behavioral restrictions.” The people’s court may decide to extend the inspection period, but the extensionlongThe limit is not more than two years. “The Zhejiang” Work Guidelines “directly set the exemption inspection period at five years. This model of extension of the exemption inspection period obviously requires more stringent requirements. For example, in terms of property exemption,” Bankruptcy “Shenzhen Regulation clarifies that under normal circumstances, the total accumulated value of exempt property will not exceed 200,000 yuan, while the Zhejiang” Labor Guidelines “do not stipulate a” limit “, which sets clear requirements on the value of exempt property, but only requiresIntegrityDeclaration of ownership, reasonable determination “Necessities“Obviously, the Zhejiang model has taken further steps.

In the absence of relevant national legislation, be it the Shenzhen “Personal Bankruptcy Regulations” or the Zhejiang “Labor Guidelines”, although the route, form and content are different, they are all useful explorations of personal bankruptcy. It is worth mentioning that in recent years, Zhejiang has made many attempts at personal bankruptcy and debt settlement system, including in October 2019, Wenzhou Pingyang Court.GentlyThe first case of the country of centralized settlement of personal debts was concluded. This case, which has the substantive functions of personal bankruptcy and equivalent procedures, is the first in the country. From the first step in judicial practice to the summary of the experience and the “regulations”, the exploration along the way has also made the weight and importance of the “Work Guidelines” issued by the Court not underestimated. Upper Zhejiang.

“There is no path in the world, but if there are more people walking, it becomes a path.” The Zhejiang High People’s Court issued the “Labor Guidelines” for the settlement of personal debts, taking a further step in personal bankruptcy. From Shenzhen to Zhejiang, all explorations and attempts point to a perfect personal bankruptcy system, leading to a modern, vibrant, healthy and uncluttered.marketeconomic.

(Source: Economic Observer)

(Responsible editor: DF537)