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《破产法》的适用范围在《破产法》的制定过程中,对《破产法》的适用范围这个问题主要有三种意见:第一种意见认为,《破产法》应适用于中国境内的企业法人和自然人。主要理由是:(1)破产程序实质上是在债务人不能偿还到期债务情况下实施的强制偿还程序,其目的是保障所有债权人得到公平受偿;自然人同样也面临着不能偿还到期债务的问题,理应受《破产法》调整,把自然人破产排除在外,将影响所有债权人得到公平受偿;(2)破产制度的清偿、和解程序可使债务人摆脱或减轻债务负担,能给诚实而不幸的债务人一个
The scope of application of the Bankruptcy Law In the process of the “Bankruptcy Law”, there are mainly three opinions on the scope of application of the Bankruptcy Law. The first view is that the Bankruptcy Law should be applicable to corporate corporations in China And natural people. The main reasons are as follows: (1) The insolvency procedure is essentially a forced repayment procedure implemented when the debtor can not repay the due debts with the aim of ensuring that all creditors are fairly compensated. Natural persons also face the problem of being unable to repay their debts as they fall due , Which should be governed by the Bankruptcy Law and exclude bankruptcy of natural persons, will affect the fair compensation of all creditors; (2) The liquidation and settlement procedures of the bankruptcy system will enable the debtor to get rid of or reduce the debt burden and be able to give honest and unfortunate debtors One