破产免责制度的理性思考

破产免责制度最早产生于英国,各国的破产免责制度均是针对自然人而言。我国现行破产法律制度只适用于企业法人,在这种立法体例下,自然不存在破产免责问题。随着社会的发展,应当借鉴国外先进立法经验,确立自然人破产制度,构建适合我国国情的破产免责制度。

System of Bankrupt Exemption from Liability

The system of bankrupt exemption from liability came into being in Britain. The system of bankrupt exemption from liability of each country is aimed at the natural person. The existing bankrupt law system in China is only directed a-gainst the lawful man of enterprise. Under the legislation style, the natural person has no problem of bankrupt exemption from liability. With the development of society, we should introduce the advanced experiences of legislation from abroad, establish the bankruptcy system on natural person and make up the system of bankrupt exemption from liability which is suited to the condition of China.