长期以来,我们在法律责任问题上没有区别对待私法责任与公法责任,致使私法责任亦带有惩罚或制裁的性质,有意或无意地使私法责任带有了公法责任的色彩。考察古代中国法我们会发现,民刑不分,民事司法与刑事司法合为一体,民事责任带有浓厚的刑事责任色彩。我国目前没有区分公、私法责任是否与传统有一定的历史联系?笔者以为私法责任是以功利为基础和特征的,公法责任是以道义为基础和特征的。变功利性为道义性,可以说这与中国传统的“轻利 For a long time now, we have made no distinction between private law responsibility and public law responsibility on the issue of legal liability. As a result, private law liability also has the nature of punishment or sanction, which intentionally or unintentionally brings the responsibility of private law to bear the responsibilities of public law. In examining the ancient Chinese law, we find that civil penalties are divided into civil justice and criminal justice, and civil liability has a strong criminal responsibility. At present, there is no distinction between public and private law in our country. Has the history of private law shared with the tradition? The author thinks that the responsibility of private law is based on utilitarianism and its characteristics. The responsibility of public law is based on morality. Variable utilitarian for the moral, it can be said that this traditional Chinese light