汶川地震使得银行的巨额债权难以实现,舆论认为应当进行债务豁免,商业银行则更希望其债权能得到保护,冲突解决的关键在于如何平衡债权人的合法权利与债务人的生存权,但现行法律及司法解释对此的规定或者不够精细,或者其风险分配值得商榷。债权人与债务人的风险分担应该满足公平原则与效率原则,其核心就是使个体所承担的风险最小化。短期看,可以通过比较债务豁免、债务延期、强制执行等策略的优劣来选择最为实用的措施,政府应当明确其能与不能的边界;长期看,需要个人破产、巨灾保险等制度的建立与完善。 The Wenchuan earthquake made it difficult for the banks to claim huge debts. The public opinion held that debts should be exempted while commercial banks even preferred that their debts should be protected. The key to resolving conflicts lies in how to balance the legitimate rights of debtors with the debtor’s right to exist. However, The interpretation of this provision is either not detailed enough or its risk allocation is open to question. The risk sharing between the creditor and the debtor should satisfy the principle of fairness and efficiency. The core of the principle is to minimize the risk borne by the individual. In the short run, the most practical measures can be chosen by comparing the advantages and disadvantages of such strategies as debt waiver, debt deferral, and enforcement. The government should make it clear what its boundaries can and can not. In the long run, the establishment of a system of individual bankruptcies and catastrophe insurance needs to be established And perfect.