The Study Of Bankruptcy Trustee's Authority

The origin of the bankruptcy trustee can be traced back to ancient Rome Era. Nowadays various countries'bankruptcy legislation makes corresponding regulation to the bankruptcy trustee. The bankruptcy trustee is an important system in the bankruptcy law, the quality of bankruptcy trustee's design influences the smooth operation of the whole bankruptcy law directly. New"Enterprise's Bankruptcy Law"has introduced the bankruptcy trustee in our country, there's no experience that bankruptcy trustee's operation to follow, it is still await practice to examine whether the bankruptcy trustee accords with the demands for economic development at present. The key question in bankruptcy trustee is the bankruptcy trustee's authority. The sources of the bankruptcy trustee's authority, the content of the bankruptcy trustee's authority, the supervision of the bankruptcy trustee's authority and the enforcement of the bankruptcy trustee's authority run through in the whole bankruptcy trustee. If the problem of bankruptcy trustee's authority is not solved well, the bankruptcy trustee can't function normally, the operation effect of the whole bankruptcy law will give a discount too. Just because of this kind of consideration, The article focuses on the bankruptcy trustee's authority, proceeds from legal position of the bankruptcy trustee, comparely analysis a series of questions correlated with the bankruptcy trustee's authority, expect to perfects the bankruptcy trustee's authority in our country. The article is about 41,000 words of full text, divides into three parts.The first part mainly discusses the legal status of the bankruptcy trustee and the source of authority. The bankruptcy trustee's authority involves the interests of the creditor, debtor and the third person, what a legal status of the bankruptcy trustee, explains the relation of bankruptcy trustee and other subjects, and then state the nature of bankruptcy trustee's authority from substantive law and procedure law, it is an important theoretical question. So before discussing the bankruptcy trustee's authority, it is necessary to make an analysis to its legal status. Different theories of bankruptcy trustee's legal status, to explain the sources of the bankruptcy trustee's authority will have different answers. The article thinks that legal status which orientates the bankruptcy trustee in our country should take trust theory, the corresponding one is that the bankruptcy trustee should be selected by creditor's meeting, only when being unable to select bankruptcy trustee through creditor's meeting, the court gives common right to intervene, determine a bankruptcy trustee in a legal way.The second part mainly discusses the concrete contents and supervision of the bankruptcy trustee's authority. Generally speaking, according with the procedure and the purpose of bankruptcy, implemented in the procedure of bankruptcy, should belong to the bankruptcy trustee's limits of authority, there is not a necessity enumerating one by one originally. However, in liquidating procedure, it will unavoidably present the fault of the bankruptcy trustee and even criminal offence, to facilitate its judging and following the range of one's own capacity to some extent while fulfilling authority, various countries' legislation makes the enumerating regulation to their authority content, our country's new"Enterprise's Bankruptcy Law"is no exception. According to the regulation of our country's new"Enterprise's Bankruptcy Law", the article thinks bankruptcy trustee's authority of our country include the following content :the authority of taking over, the authority of investigation, the authority of making decision, the authority of management, the authority of lawsuit, the authority of suggestion and other authorities. In order to prevent the bankruptcy trustee from exercising authority improperly, it must carry on supervision to it. Summing up various countries'stipulation, there are three kinds of supervision ways: the supervision of court, the supervision of creditor and the supervision of the special institution.The third part mainly discusses the enforcement of the bankruptcy trustee's authority. The bankruptcy trustee's authority should be enforced finally, otherwise just indulge in empty talk, how the bankruptcy trustee's authority enforced concerns the actual effects of bankruptcy trustee's authority directly. So the article set a special chapter to discuss the enforcement of the bankruptcy trustee's authority, mainly about the time that bankruptcy trustee's authority is exercised; the remuneration; the responsibility, etc..