Discussion On The Role Of Manager In Bankruptcy Law

The paper systematically introduces the manager system in the Bankruptcy Law, emphasizing on the defining of manager's legal status. The different roles of manager playing in the procedure of liquidation, conciliation as well as the reconstruction are defined clearly. It explains the rules of manager's activity and summarizes the civil liability which the manager should take. The paper is dramatically different from the traditional theory on the legal status of manager; instead, the roles of manager playing in the bankruptcy procedure are newly defined. Meanwhile, it makes an evaluation on the appointment, rights, duty, rules as well as the civil liability of the manager. predecessors, this paper makes some suggestions on the improvement of manager system and the revisions of the related institutions that match to the manager system. Moreover, it is hoped that these discussions and explorations can be conductive to the further improvement of China's manager system.The means of using past records, comparing, inducing and evidence-based analysis have been used comprehensively.Each parts of the paper are introduced briefly in the following:Part one is the summing-up of manager system. It begins with the origination and development of the manager system, and then introduces the manager system in some typical civil law countries and common law countries as well as compares it with our country's liquidation team. Moreover, the significance, establishment and the necessity of the manager system are clarified.Part two, the focal point of the paper, is about the legal status of the manager, which is of the paramount importance to defining the responsibility, clarifying the rights and duties as well as undertaking the liabilities. This part compares the legal status of the manager between in the civil law and common law, and focuses on commenting on the theory about manager's legal status in our country. The author thinks that it is the manager rather than the court or division of administrative office that is the main body in the legal relation in bankruptcy. So it is concluded that the manager prescribed in the bankruptcy law of China is debtor's agent and supervisor appointed by the debtor in the legal relation in bankruptcy. Specifically, manager takes five different roles.The third part is about appointment and dismissal of the manager. This part introduces foreign country's legislation on appointment of the manager. The main body that is entitled to appoint and dismiss the manager, time of appointment, and number of people as well as the qualification of being a manager is also discussed. The paper holds that appointment of the manager should take the win-win plan, that is to say, the appointment should be made under the court's guiding and the autonomy of parties concernedThe fourth part is concerning the manager's rights and the rules to perform the rights. It introduces the limits of the manager's rights and the regulations that prevent the manager's abuse of power. It discusses the necessity of setting up the system of supervisor, and places more attention on commenting on the legal result of violating the legal duty, namely, the duty of attention and loyalty.The fifth part is about civil liability of manager. The part, on the basis of legal status of the manager, mainly discusses the nature and undertakings of the civil liability, while analyzes the liability of manager's employer. In particular, the paper talks about the disadvantage of the legislation on the civil liability which the manager should take for the third person. What's more, some suggestions for the improvement of the law have been provided.