This podcast explores the lack of personal bankruptcy legislation in China and the impact it has on individuals struggling with debt. It discusses the need for a personal bankruptcy system to tackle social conflicts and alleviate heavy debt burdens. The podcast also highlights struggles with debt and bankruptcy in China's property crisis, as well as the challenges and issues surrounding personal bankruptcy, including declined applications and potential harassment from creditors.
China lacks a personal bankruptcy statute, hindering the recovery of individuals burdened by debt and impacting micro-businesses, entrepreneurship, and creativity.
A personal bankruptcy law in China can contribute to common prosperity, reduce social conflicts, and provide a safety net for individuals with heavy debts or involved in social insurance.
Deep dives
Lack of Personal Bankruptcy Law in China
China lacks a personal bankruptcy statute, leaving individuals like Crystal unable to legally address their debt. Only Shenzhen has a pilot scheme for personal bankruptcy, but legal professionals argue for its extension nationwide. The absence of a personal bankruptcy law hinders the recovery of individuals burdened by debts and impacts micro-businesses, entrepreneurship, and creativity.
The Importance of Personal Bankruptcy in Common Prosperity
A personal bankruptcy law can contribute to common prosperity by offering a second chance to honest but unfortunate debtors, reducing social conflicts, and providing a safety net when social insurance and heavy debts are involved. In the US, personal bankruptcy is commonplace, with the majority of filings being non-business related. With the prevalence of individual and household debt in China's economic downturn, a personal bankruptcy system is crucial for the overall economy.
China’s southern metropolis of Shenzhen is the only mainland city where individuals can apply for bankruptcy, but it’s not easy since authorities reportedly frown on debt forgiveness. While debt is often taken to the grave, debtors’ families may continue to be hounded by creditors under a traditional belief that a “son must pay his father’s debt”. This Post story by Mandy Zuo and He Huifeng is narrated by Jasmine Tse.
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