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1、Matter,of,Life,and,DebtMatter,of,Life,and,Debt By Wang Jun The bustling coastal city of Shenzhen in Guangdong Province， south China， has a special place in the countrys economic development. This is where the fi rst special economic zone was established in 1980. Now the industrial hub is poised for
2、another signpost. The first personal bankruptcy regulations are to go on trial here this year， which may pave the way for other cities to follow suit. The seeds of the experiment were sown in 20XX， two years after the global fi nancial crisis. Before the catastrophe， Nanling， a village in Shenzhen，
3、had been developing at a tremendous pace since reform and opening up began. But the crisis damaged the real economy and forced an increasing number of businesses to shut down， with their owners leaving the village. Zhang Yubiao， Secretary of the Communist Party of China in Nanling， saw rising cases
4、of personal bankruptcy and people becoming submerged in debt for their lifetime. Zhang， also a deputy to the National Peoples Congress （NPC）， the na- tional legislature， submitted a proposal to the NPC annual session in 20XX for a personal bankruptcy law. “There will be more personal debt problems.
5、The law should give a second chance to those who are honest but unfortunate，”Zhang told The Economic Observer. A long pursuitThe Enterprise Bankruptcy Law was promulgated in China in August 20XX but to the regret of many， it didnt have any provisions for personal bankruptcy. “Clauses concerning pers
6、onal bankruptcy were excluded from the fi nal version of the Enterprise Bankruptcy Law， and no separate personal bankruptcy law was enacted. But over the past decade， the issue remained a hot topic，” Li Shuguang， one of the drafters of the Enterprise Bankruptcy Law and dean of the Graduate School of
7、 China University of Political Science and Law （CUPL）， told The Economic Observer.“This is a very complicated issue， so the progress has been very slow.” But finally， the personal bankruptcy mechanism will see its first trial in Shenzhen 14 years after the corporate law was enacted. On June 2， the d
8、raft Regulations of Personal Bankruptcy of Shenzhen was issued to solicit public opinion. With 157 articles in 13 chapters， the draft includes provisions on the principles， detailed procedures and legal responsibilities concerning personal bankruptcy. “Shenzhen is always willing to make innovations，
9、 and the city has the legislative foundations，” said Lu Lin， a partner at the Grandall Law Firm in Shenzhen， who has been handling bankruptcy-related cases since 1994. Forestalling financial risksThe regulations aim at standardizing personal bankruptcy procedures， regulating the rights and obligatio
10、ns between debtors and creditors or other interested parties， and giving a second chance to honest debtors， according to Shenzhen Municipal Peoples Congress. “Establishing a personal bankruptcy system will relieve entrepreneurs of their worries， stimulate the enthusiasm of market players， encourage
11、innovation and tolerate failure， so that startups and innovation will continue to be the most fundamental driving force for Shenzhens development，” an official document explaining the regulations says. In addition to protecting individual business owners， another important role of the personal bankr
12、uptcy system is forestalling fi nancial risks. “The personal bankruptcy system will help establish a social credit system， which is needed by todays business society. Absence of a social credit system will lead to various financial risks，” Cao Qiyang， a judge of the bankruptcy division of Shenzhen I
13、ntermediate Peoples Court， told Legal Daily. The bankruptcy division， also the first of its kind in China， was set up on January 14， 20XX. The trial in liquidizing personal debts is a preparation for the citys personal bankruptcy regulations， Chen Jingshan， a professor with the Civil，Commercial and
14、Economic Law School of CUPL， told Legal Daily. It indicates that the establishment of a personal bankruptcy system in China is imperative， Chen added. Limited debt exemptionUnder the regulations， debts are not fully exempted， only conditionally and partially， Liu Junhai， a law professor with Renmin
15、University of China， explained. Liu said that the debts of a natural person will not be directly exempted after declaring bankruptcy； debtors will be exempted only after a supervision period if certain conditions are met. In this period， their consumption will be strictly limited. According to the d
16、raft regulations， a person can apply for exemption of remaining debts only three years after declaring bankruptcy. During this period， the person must report regularly to the bankruptcy administration authority his or her personal incomes， expenditures and assets. Liu said the personal bankruptcy system will not only hel
