试论破产的民事责任——民事责任主体及其违法行为的认定与追究和归责原则

我国破产法有刑事责任、行政责任而无民事责任的规定 ,这与其私法性质极不相称 ,故有必要在破产法中设置较为完善的民事责任 ,以期实现破产法所确立的保护破产债权人利益之立法价值取向。本文着重讨论两种情况下破产民事责任主体及其违法行为的认定与追究和追究民事责任的归责原则 ,并认为追究破产民事责任 ,应有充分程序保障

Study on the Civil Liability of Bankruptcy—The Subject of Civil Liability and the Determination and Investigation of Illegal Activities and the Imputation Principle

Although criminal responsibility and administrative responsibility are involved in it, bankruptcy law does not comply with its judicial nature because of the lack of civil liability. In order to realize the legislative value of protecting the creditor's profit in bankruptcy, which is cherished in bankruptcy law, it is necessary to put civil liability in such law. In this article, two kinds of cases under the bankruptcy are mentioned on how to determine and investigate the civil liability. Meanwhile the author holds that the guarantee of precedure is required in the investigation of bankruptcy civil liability.