Study On The Civil Liability Of Bankruptcy Trustee

This thesis want to analyze the system of civil liability of bankruptcy trustees in the perspective of roman law and study it through methods of comparative,case study,typology and object-oriented,etc.The author holds that,as a quit mechanism from market,the bankruptcy law regulate the act of all the interested parties in a bankrupted enterprise,and the bankruptcy trustee is responsible for all the parties,and the civil liability posed upon him is quite important.The whole article is divided into four parts:the basis of bankruptcy trustee's civil liability,the structure of bankruptcy trustee's civil liability, the mechanism of how to pursue the civil liability of bankruptcy trustee and the method of how to make perfect of China's institute of bankruptcy trustee's civil liability.The first part reviews the history of bankruptcy law,analyzes the interested parties engaged in the bankruptcy procedure,explains the function of it,and points out that the basis of bankruptcy trustee's civil liability should be breach of a contract,and it should be responsible to both bankruptcy creditor and debtor.The second part explores the formation of civil liability of bankruptcy trustee,and points out that it is composed of three proportions——fault,damage and causality.The author also analyzes fault in the formation of bankruptcy trustee's civil liability and its standard.The third part probes into the mechanism of how to pursue the civil liability of bankruptcy trustee and points out that it can be compared to the derivative suit of shareholders.Still,it analyzes the various factors in the procedure of pursuing the civil liability——the plaintiff,the defendant,the prior procedure,and so on.The last part analyzes the institute of civil liability of China's new bankruptcy trustee.Points out that the constitute of bankruptcy trustee institute is a great progress in the legislation of bankruptcy law,but there are still some flaws in it,and give some suggestion later.Also,the article discusses the interpretation of the bankruptcy trustee's civil liability on the basis of institute's purpose.And the author compared bankruptcy trustee with corporate director and liquidator.Still,the working environment of bankruptcy trustee and the values he should take into consideration are also matters that the author want to study.