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General Category => Off the Record => Topic started by: Monoriu on July 19, 2009, 08:24:30 PM

Title: Personal bankruptcy in China
Post by: Monoriu on July 19, 2009, 08:24:30 PM
I've suspected this for a long time, but can't find anything on the topic.  Until recently I read some newspaper articles, and searched the Chinese version of wikipedia.  Finally my suspicions are confirmed.

There is no such thing.  If you owe money, the only ways out are to repay them (with interest), or die.

Link (in Chinese)

http://zh.wikipedia.org/wiki/%E4%B8%AD%E5%8D%8E%E4%BA%BA%E6%B0%91%E5%85%B1%E5%92%8C%E5%9B%BD%E4%BC%81%E4%B8%9A%E7%A0%B4%E4%BA%A7%E6%B3%95
Title: Re: Personal bankruptcy in China
Post by: Neil on July 19, 2009, 08:35:18 PM
And that's why small business and innovation do not exist in China, and the Chinese people will remain slaves forever.
Title: Re: Personal bankruptcy in China
Post by: Monoriu on July 19, 2009, 09:03:37 PM
From what I've read, a common strategy to escape debt is to literally disapper - move to a faraway place where brutal debt collectors can't find you.  That has two problems.  First, in China, your social benefits and many other rights are tied to the local government office.  For example, you can only receive education, see a doctor, or get a visa done in your own village.  You can't do these in any other place.  By moving to another place, you forfeit a lot of your rights.

Second, your family has to move with you.  In China, all loans basically have the implicit gurantee of family.  If you disappear, the collectors will go after your family. 
Title: Re: Personal bankruptcy in China
Post by: Zanza on July 20, 2009, 12:10:54 AM
We didn't have a personal bankruptcy until a decade or so ago either. But then, you could obviously not enforce it with criminal means and the most you could claim would still allow the debtor a dignified life. And his family was off-limits anyway unless they explicitly signed as guarantor. Nowadays, you are debt-free after some years of trying to pay off your debt (7 years or so?).
Title: Re: Personal bankruptcy in China
Post by: Berkut on July 20, 2009, 12:44:31 AM
QuoteIf you disappear, the collectors will go after your family.

How? Do they have any actual legal obligation, or is this another of those herd mentality things where you guys just tolerate being treated like shit?
Title: Re: Personal bankruptcy in China
Post by: Monoriu on July 20, 2009, 12:52:42 AM
Quote from: Berkut on July 20, 2009, 12:44:31 AM
QuoteIf you disappear, the collectors will go after your family.

How? Do they have any actual legal obligation, or is this another of those herd mentality things where you guys just tolerate being treated like shit?

No legal obligation, but they use criminal means to get your family to pay back.  Local police generally tolerate this, because the collectors are basically only pursuing money that is rightfully theirs.   
Title: Re: Personal bankruptcy in China
Post by: saskganesh on July 20, 2009, 06:02:18 AM
how corrupt are the police? do they take bribes much?
Title: Re: Personal bankruptcy in China
Post by: Valmy on July 20, 2009, 08:07:00 AM
Quote from: Monoriu on July 20, 2009, 12:52:42 AM
No legal obligation, but they use criminal means to get your family to pay back.  Local police generally tolerate this, because the collectors are basically only pursuing money that is rightfully theirs.   

The cultural embrace of organized crime is a bit hard to understand.  China is sort of like a giant Sicily.

But I recall there was a similar accepted use of organized crime for certain things in Japan as well...though I do not know if it was for similar issues.
Title: Re: Personal bankruptcy in China
Post by: Caliga on July 20, 2009, 08:13:25 AM
I was wondering if this was going to be a farewell thread from Mono. :ph34r:
Title: Re: Personal bankruptcy in China
Post by: Ed Anger on July 20, 2009, 08:14:16 AM
Quote from: Caliga on July 20, 2009, 08:13:25 AM
I was wondering if this was going to be a farewell thread from Mono. :ph34r:

Dude likely has a 100 pickle jars full of pennies.
Title: Re: Personal bankruptcy in China
Post by: Berkut on July 20, 2009, 08:14:53 AM
Quote from: Monoriu on July 20, 2009, 12:52:42 AM
Quote from: Berkut on July 20, 2009, 12:44:31 AM
QuoteIf you disappear, the collectors will go after your family.

How? Do they have any actual legal obligation, or is this another of those herd mentality things where you guys just tolerate being treated like shit?

No legal obligation, but they use criminal means to get your family to pay back.  Local police generally tolerate this, because the collectors are basically only pursuing money that is rightfully theirs.  

Then the problem is the local police. Why not let the collectors pursue money that is rightfully theirs by accosting random people on the street?

Why would anyone voluntarily live in such a grossly broken society?
Title: Re: Personal bankruptcy in China
Post by: Josquius on July 20, 2009, 08:23:10 AM
I see a wonderful criminal opportunity in China with selling the identities of dead (unless we want to be very evil...) peasants to towny debters.
Anyone up for it?
Title: Re: Personal bankruptcy in China
Post by: Savonarola on July 20, 2009, 08:29:32 AM
Quote from: Tyr on July 20, 2009, 08:23:10 AM
I see a wonderful criminal opportunity in China with selling the identities of dead (unless we want to be very evil...) peasants to towny debters.
Anyone up for it?

Spellus is in (at least on the buying part):

(https://languish.org/forums/proxy.php?request=http%3A%2F%2F2.bp.blogspot.com%2F_eVeCCfKv8is%2FR5H_QAL2KRI%2FAAAAAAAACjg%2FYdcs8f3w0D4%2Fs400%2Fdead%2Bsouls.JPG&hash=1cfb7dc01ca2506c0674175a4ac476842d4ec35a)

Title: Re: Personal bankruptcy in China
Post by: Valmy on July 20, 2009, 09:38:02 AM
Quote from: Berkut on July 20, 2009, 08:14:53 AM
Then the problem is the local police. Why not let the collectors pursue money that is rightfully theirs by accosting random people on the street?

Why would anyone voluntarily live in such a grossly broken society?

Well I think it sounds like it works really well for those who have lots of cash.

But man I would hate to have to sell houses or cars or anything that requires lots of cash.  Nobody could buy unless they just happened to have that much money on hand.  The market must be comparatively small for the number of people whose incomes should put them in position to buy.

But, on the other hand, such low rates of defaulting make investing your money comparatively safe....but then such low rates of borrowing would make your returns super super tiny.  Actually didn't Mono once tell us the interest you make on savings accounts is basically nil?  That would explain it I guess.
Title: Re: Personal bankruptcy in China
Post by: MadImmortalMan on July 20, 2009, 10:23:33 AM
Quote from: Monoriu on July 19, 2009, 09:03:37 PM
For example, you can only receive education, see a doctor, or get a visa done in your own village.  You can't do these in any other place.  By moving to another place, you forfeit a lot of your rights.


Wouldn't this mean you're essentially a landbound serf? I mean, surely you can get medical care or something elsewhere in China if you're traveling.
Title: Re: Personal bankruptcy in China
Post by: Valmy on July 20, 2009, 10:46:09 AM
Quote from: MadImmortalMan on July 20, 2009, 10:23:33 AM
Wouldn't this mean you're essentially a landbound serf? I mean, surely you can get medical care or something elsewhere in China if you're traveling.

The Mono with no name.