我国尚未就个人破产进行立法,然而,当前经济形势下,因企业普遍存在资金困难,迫使企业往往通过抵押股东个人甚至其亲属财产的方式向银行或民间进行借贷,一旦企业无力还债,股东个人及其亲属将对企业债务承担无限连带责任。企业破产清算后主体资格消失,无需再承担债务,然而个人仍需对巨额债务承担无限连带责任。鉴于我国个人破产立法的缺失,为了保护股东个人免受无休止的债务纠纷,有些地方法院在操作中,便将个人破产列入重整计划草案。本文将结合具体案例进行分析,希望能够促进我国个人破产的相关立法。 However, under the current economic situation, due to the financial difficulties prevailing in enterprises, companies are often forced to borrow money from banks or private individuals through the mortgage of individual shareholders or even their relatives’ property. Once the enterprise is insolvent, the individual shareholders and Their relatives will assume unlimited joint and several liability for corporate debt. After the bankruptcy liquidation of the main body qualifications disappear, no longer need to assume the debt, however, individuals still need to bear unlimited liability for huge debts. In view of the absence of personal bankruptcy legislation in our country, in order to protect the individual shareholders from endless debt disputes, some local courts put in operation individual bankruptcies in the draft reorganization plan. This article will be combined with specific case analysis, hoping to promote China’s personal bankruptcy related legislation.