破产债权人损害救济若干问题探析

Approach on Several Problems about Damage Relief to Bankrupt Creditors

债权人的损害救济问题是破产法上债权人利益保护原则的重要内容。为了有利于债权人损害救济的实现，破产管理人的民事责任适用过错推定的原则；当债权人的一般利益受到损害时，法律应指定监督人作为债权人的代理人以启动诉讼程序和实施诉讼活动；在破产管理人进行自我交易和关联交易的场合，法律应相应地赋予债权人以撤销权。

Problems about damage relief to bankrupt creditors are important principle contents of protecting their interests in bankruptcy. To realize the damage relief, it is necessary to carry out the fault-inferring principle so as to deal with civil responsibilities of bankrupt managers. When the creditor＇s general interests are damaged, the supervisor should be designated as the agent of the creditor so as to start the lawsuit and put it into effect. On the occasion of the bankrupt manager＇s self and interrelated transaction, the creditor should be correspondingly given the right by law to retract.