各国破产法普遍规定,在破产程序中,行事不审慎的债权人相对于诚实信用抑或谨慎的债权人,分得更少的破产财产。本文认为,同样的规则应扩展至国际法领域,即适用于国家破产的情形。也就是说,国家破产引起的损失分担中,“肆意放贷”的债权人应获得较少的偿付。 It is generally stipulated in the insolvency laws of various countries that in insolvency proceedings, less cautious creditors may score less bankrupt property than honest or cautious creditors. This article argues that the same rules should be extended to the field of international law, that is, applicable to the state of bankruptcy. In other words, the creditors of the “wanton lending” should receive less reimbursement for the share of losses caused by the state’s bankruptcy.