Research On Civil Liability Of Trustee Bankruptycy

In this paper, the specific problems of civil legal liability of the bankruptcy administrator have been analyzed completely through the approach of summarizing relevant preferences and fully considering experiences of all concerned parties in order to strike a balance of the interest between the bankruptcy interest parties and the bankruptcy administrator.This paper consists of four chapters:Chapter 1 discusses the law position of the bankruptcy administrator and the nature of the civil liability of the bankruptcy administrator.It is recommended that the law position of the bankruptcy administrator is the same as the trustee and the civil responsibilities of the bankruptcy administrator comprise the responsibilities of tort liabilities.Chapter 2 focuses on the civil obligations of the bankruptcy administrator.It is the violation of civil obligations that consists the basis of civil liability of the bankruptcy administrator. In this chapter, the concept and meaning of the duty of loyalty and the diligence obligations of the administrator has been discussed.And most 0ther duties have also been discussed.Chapter 3 focuses on how to find the bankruptcy administrator civilly liable.It is concluded that the doctrine of liability fixation of the bankruptcy administrator is the doctrine of negligent liability;the criteria of the negligent is the violation of civil obligations and both causality on facts and causality on law should be considered.Chapter 4 discusses the claim parties and the bearers. Bankruptcy administrator responsibility is primarily the individual responsibility, Combining our legislative and judicial status the bearers may be personal or social intermediary organizations.As a as support system,liability insurance system will play a important role in the operation of the civil liability system of the bankruptcy administrator.Chapter 5 suggestions to the improvement of bankruptcy trustee system in China.Such as improve the system of appointing bankruptcy trustee,improve the supervision system;improve the liability system from civil liability.