无偿付能力案件,是给付之诉中较为常见,又最为棘手的问题。如何处理无偿付能力的经济纠纷案件,从法学理论界到审判实践历来有较大分歧。笔者从经济审判工作的实际出发,就该类案件的几个问题,略陈一孔之见。一、无偿付能力经济纠纷案件的确认所谓无偿付能力经济纠纷案件,就是指负有清偿债务义务的经济纠纷诉讼当事人,缺乏清偿所负债务的经济条件。有、无偿付能力,是审判人员在受理或审理和执行案件过程中,根据债务人的经济状况所作出的判断。无偿付能力是相对有偿付能力而言的,这种相对性主要体现在两个方面:一是相 Cases of unpaid affordances are the more common and the most intractable issues in the law of payment. How to deal with cases of economic disputes with unpaid affordability has always been quite different from the jurisprudence field to the trial practice. Based on the reality of the economic trial work, the author slightly confesses Chen Yikong's views on several issues concerning such cases. I. Confirmation of Cases of Economic Disputes over the Ability to Solve Arrears The so-called cases of economic disputes involving unpaid affordances refer to the litigants of economic disputes that have obligations to pay off their debts and lack the economic conditions for paying off their debts. Yes, the ability to pay without pay is judged by the judgment of the debtor in the process of accepting, hearing and executing the case. The ability to pay is relatively solvency, the relativity is mainly reflected in two aspects: First, phase