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《中国人民银行法》已于1995年3月18日施行。根据《人行法》的有关法律规定,依其性质与危害程度的不同,可分为民事违法、行政违法和刑事违法。违法者应当承担的法律责任可分为民事责任、行政责任和刑事责任。笔者通过对《人行法》的学习,拟从违反《人行法》的有关法律规定所应承担的法律责任谈谈肤浅认识。一、民事责任中国人民银行拥有资本和资产,在履行中央银行职能的同时依法经营业务。中国人民银行作为民事主体,在经营活动中如果不履行民事义务,应当按照《民法通则》的规定承担相应的民事责任。此外,中国人民银行还对下列两种行为,明确了民事赔偿责任。
The Law of the People’s Bank of China was implemented on March 18, 1995. According to the relevant laws and regulations of the “People’s Bank of China Law”, it can be classified into civil illegal acts, administrative illegal acts and criminal illegal acts depending on the nature and degree of harm. The legal responsibilities the offender should bear can be divided into civil liability, administrative responsibility and criminal liability. Through the study of “People’s Bank Law,” the author intends to talk about the superficial understanding from the legal responsibilities that should be borne by the relevant laws and regulations that violate the “People’s Bank of China Law.” I. Civil Liability The People’s Bank of China owns capital and assets and conducts its business in accordance with the law while performing the functions of the Central Bank. As a civil subject, the PBC should assume corresponding civil liability in accordance with the “General Principles of Civil Law” if it fails to perform its civil obligations in its business operations. In addition, the People’s Bank of China also clarified civil liability for the following two acts.