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在国外,破产一直是解决个人支付不能的主要手段,并且被多数国家纳入立法,我国在2006年《中华人民共和国企业破产法》出台前,个人破产制度是否应纳入立法成为争论的焦点并被写入破产法草案,但是由于种种原因最终个人破产制度并没有的被纳入破产法。随着我国市场经济的快速发展,在加入WTO后与国际相关法律相接轨的要求下,对于建立个人破产制度的呼声越来越高。目前我国已建成世界上最大的个人信用信息基础数据库,建立个人破产制度的时机已经成熟。
Abroad, bankruptcy has been the main means to solve the problem of personal disability, and most of the countries have been enacted into legislation. Before China’s “Bankruptcy Law of the People’s Republic of China” came into force in 2006, whether personal bankruptcy should be included in the legislation became the focus of controversy and was written However, due to various reasons, the ultimate personal bankruptcy system was not included in the bankruptcy law. With the rapid development of the market economy in our country, there is a growing demand for the establishment of an individual bankruptcy system under the request of conforming to relevant international laws after China’s entry into the WTO. At present, China has built the largest database of personal credit information in the world and the time has come to establish a personal bankruptcy system.