债权人和债务人关系的错位及其矫正方略

A Study of the Dislocated Relationship between Creditors and Debtors

近些年来巨额银行不良贷款使我国金融业面临重大风险,产生这种风险的一个重要原因在于社会信用缺失,债权人和债务人关系的历史错位,从而导致了恶意逃债的债务人多如过江之鲫。因此,重温中外古代法典对债权人和债务人的历史定位,从社会理念上恢复和确认债权人的历史地位,对于我们重建整个社会信用体系有一定的借鉴和参考价值。

In recent years, increasing amounts of bad credits, caused mainly by lack of social credit and the dislocated relationship between creditors and debtors, have posed a great threat to China＇s financial system, Therefore, a review of the social codes and norms of ancient China and foreign countries concerning the position of creditors and debtors is beneficial to the reaffirmation of their respective positions, and it is also helpful the rebuilding of a credit system governing the behavior of all member of society.