机关法人的独立责任探讨

On the Independent Liability of Legal Person of Government Units

文章分析了法人独立责任的具体含义,得出法人独立责任不同于法人责任形态,二者之间没有必然联系,指出了我国机关法人责任制度的立法缺陷,提出了我国机关法人的独立责任不以自身实际支配的财产为限,作为其设立者——国家的责任并非有限,国家应以国库为责任财产最终承担民事责任的立法建议。

By analyzing the specific concept and Chinese legislative drawbacks of legal person's independent liability, the author then points out that legal person's independent liability is quite different from its liability types, they both have no positive connections . At last, the author makes a proposition in legislation that Chinese legal person of government units should not bear its liabilities only with its currently owned property, but as the only investor, the state should be the final bearer of civil liability with its property from the exchequer.