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自然人的破产能力问题一直是法学界争论的焦点以及我国破产立法需要解决的问题。本文简单介绍自然人破产能力的历史发展,分析我国赋予自然人破产能力的必要性以及所遇到的障碍,认为我国现阶段应赋予因从事经营活动不能清偿到期债务的自然人以破产能力。至于进一步扩大到赋予所有自然人破产能力,应当循序渐进,先解决目前遇到的障碍。
The issue of the bankruptcy of natural persons has always been the focus of debate among the legal scholars as well as the problems to be solved in the bankruptcy legislation of our country. This article briefly introduces the historical development of bankruptcy of natural persons, analyzes the necessity and the obstacles encountered in giving bankruptcy to natural persons in our country, and believes that our country should at this stage give bankruptcy to natural persons who can not pay off their debts due to their business activities. As for further expansion to give all natural persons bankruptcy capacity, we should proceed step by step and first to solve the obstacles currently encountered.