The Status of Children’s Rights and Interests in China’s Personal Bankruptcy Laws

Abstract

This study examines the status of children’s rights and interests in China’s personal bankruptcy laws through analysis of academic literature, legislation, and landmark cases. Findings highlight significant gaps, as the laws focus on protecting “honest but unfortunate” debtors and mitigating punitive measures against dishonest debtors, with limited attention to children’s welfare. Current frameworks lack provisions, and some related provisions are vague such as child-related exemptions, stay protections, and prioritization of children support debts. Future reforms should incorporate explicit safeguards for children’s rights and interests, balancing debtor accountability and creditor’s rights with social responsibility to ensure the welfare of vulnerable groups.