The reform of the personal bankruptcy system in Shenzhen has been implemented for more than one year, and new progress has been made in the pilot projects. As of February 28 this year, Shenzhen intermediate people's court had received 1031 personal bankruptcy applications, with an average of nearly 86 applications received every month. The minimum debt scale of the applicant is about 18000 yuan and the maximum is about 1.6 billion yuan. 57.5% of the applicants have experience of business failure or poor management... Recently, Cao Qixuan, President of the Shenzhen bankruptcy court, and others published an article "practice demonstration and system construction in the first trial of the personal bankruptcy system" (hereinafter referred to as the "article") in the people's judicial journal, an organ of the Supreme People's court, which systematically introduced the personal bankruptcy trial. Since the regulations of Shenzhen Special Economic Zone on personal bankruptcy (hereinafter referred to as the "Regulations") came into effect on March 1 last year, the Shenzhen intermediate people's court has gradually clarified the gradient review criteria for initiating reorganization, reconciliation, bankruptcy liquidation and inadmissibility in the trial of personal bankruptcy cases, strengthened the judicial policy guidance of "more reorganization and reconciliation, less bankruptcy liquidation", and ensured that "honest and unfortunate" debtors enter the bankruptcy proceedings to obtain institutional relief. The portrait of the debtor: the social mainstream people who have encountered financial failure and are in debt crisis from the 1031 bankruptcy application samples, more than 70% of the applicants are young and middle-aged people aged 30-50, 80% of the liabilities are due to production and operation and living consumption, and more than half of the applicants are in debt of less than 1 million yuan. The article concludes that the main body of personal bankruptcy debtors as a whole is the social mainstream people who have working ability or certain assets, can obtain credit from the bank but have encountered financial failure and are in debt crisis. The article also lists many valuable reference data. In terms of debt reasons, the primary reason for the debtor's debt is production and operation, and the secondary reason is living consumption. Among them, there were 593 bankruptcy applications with entrepreneurial failure or poor management experience, accounting for 57.5%, but 119 of them had more than half of the total liabilities; 221 bankruptcy applications were filed solely for living debt, accounting for 21.4%; There were 176 bankruptcy applications for debts due to speculation, infringement, fraud and gambling, accounting for 17.1%. In terms of debt scale, the minimum is about 18000 yuan, the maximum is about 1.6 billion yuan, and the median debt of the debtor is 913100 yuan. 546 people with a debt of less than 1 million yuan, accounting for 53.0% of the total number of applications; There were 371 people with liabilities of 1 million yuan to 5 million yuan, accounting for 36.0%; 46 people with liabilities of 5 million yuan to 10 million yuan, accounting for 4.5%; There were 68 people with liabilities of more than 10 million yuan, accounting for 6.6%, of which 8 people had liabilities of more than 100 million yuan, mainly because the company's operation assumed joint and several guarantee liabilities. Interview and guidance mechanism the bankruptcy judge conducted one-on-one interview and guidance for the applicant. From the practice of Shenzhen intermediate people's court for more than one year, the implementation of the personal bankruptcy system needs to solve many problems, whether it is to respond to the actual needs of personal debt relief or to meet the regulatory protection of the society against bankruptcy fraud. In view of these problems, the courts have implemented targeted measures at the judicial level. First of all, the debtor's understanding of the bankruptcy system is still insufficient, and the information submitted is often incomplete, which increases the difficulty of examining the reasons for bankruptcy. In this regard, Shenzhen intermediate academy innovated
Edit：Li Jialang Responsible editor：Mu Mu
Source：southcn.com
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