On Civil Liability Of The Bankruptcy Liquidation People

With the development of our national economy, the adjustment ways of company structures are also more and more diversified. More and more companies are terminated for the bankruptcy liquidation, so the bankruptcy liquidation plays an important role in reorganizing the internal structure, adjusting the capital chain, as well as balancing the interests of the creditor, the shareholders and the company. However, there are just over twenty regulations of the bankruptcy liquidation in our country's Corporation Law. The Law has little provision to the liability of the bankruptcy liquidation people, and has no specific qualitative to their properties.This article tries to cause the bankruptcy liquidation people's thinking of their liability by discussing the obligation, thus further analyzes its liability property, liability form and the extent of compensation, and mainly discusses it from the following two aspects: Firstly, draw forth the property of the bankruptcy liquidation people's civil liability by a case, which includes an overview of creditor's rights infringement theory and its key components, and fully applies the theory to demonstrated the civil liability of the bankruptcy liquidation. Secondly, mainly discuss the civil liability undertake of the bankruptcy liquidation people, which covers the assignment and scope of the liability. This core of the article is supported by the Creditor's Rights Infringement Theory and based on the traditional Tort Law. At the same time of analyzing the special liability property of the bankruptcy liquidation people, clearing away the relative theoretical barrier, eventually, achieving that there is law to go by when the bankruptcy liquidation people are investigated Civil liability, getting rid of the embarrassing situation when the creditors'interests are nakedly infringed by the bankruptcy liquidation people, striving to realize investigating their civil liability according to its liability property when the interests of a company and creditors suffers loss for the bankruptcy liquidation people's subject intent. From the point of view of law effect, it also can make the bankruptcy liquidation people fulfill their duties by giving them moderate pressure, and the most important is to be able to offer legal grounds to company and creditors who demand the bankruptcy liquidation people paying for their economic loss.