Bankrupt Trustee's Civil Liability Research

The bankrupt supervisor system is our country goes bankrupt newly one system which Agence France Presse said that with substitutes for in the old bankruptcy law the bankrupt settlement group. The bankrupt supervisor system's most main purpose is manages the bankrupt business by the familiar bankrupt service specialists. the bankruptcy supervisor system is in the world in the overwhelming majority country bankruptcy legal regime's general procedure, particularly in UK-US legal system country, compared with mature complete. Our country integrates this system in the new bankruptcy law, is to old bankruptcy law settlement group system's important reforms, is also and an international bankrupt system trail connection good beginning. But the supervisor system is a system which after all just said that in reality also has many questions to need to solve. About bankrupt supervisor civil liability question, our country's legal existence flaw. The bankrupt supervisor's is big enough in processing bankruptcy business process authority, like this needs to strengthen the surveillance and the restriction to it. In the bankrupt relations, the loss which the formidable sponsor receives usually is the property damage, but civil liability's core compensates victim's loss. But civil liability's core compensates victim's loss. Therefore, the bankrupt supervisor's civil liability should be in the bankrupt supervisor responsibility system a most important link, what but in present stage our country scholar's attention is the bankrupt supervisor's legal status question, are few regarding the bankrupt supervisor civil liability's research.The article divided four parts to carry on the elaboration to the bankrupt supervisor civil liability. The first chapter first introduced the bankrupt supervisor's concept. Then has carried on the elaboration to the bankrupt supervisor's legal status, through to each theory's analysis, the author thought that the bankrupt supervisor must have the independent civil subject status, has the civil capacity, carries on the localization using the UK-US legal system's trust person system to our country's bankrupt supervisor's legal status. Finally, analyzed the bankrupt supervisor civil liability nature, the bankrupt supervisor civil liability should belong to the general right infringement responsibility, Its although seems has in certain aspects the violation responsibility characteristic, but because the bankrupt supervisor the authority which entrusts with based on the law but is aloof above the formidable sponsor, has lost the contract equivalent, therefore is inappropriate.The second chapter key turned over to the responsibility principle to the bankrupt supervisor civil liability to carry on the elaboration. The bankrupt supervisor civil liability turns over to the responsibility principle to be very big in the educational world dispute, generally speaking divides into two viewpoints: Non-mistake responsibility principle and mistake responsibility principle. First, the bankrupt supervisor civil liability for the general right infringement responsibility, infringes upon the right the responsibility to turn over to generally, then principle besides and exceptional cases for mistake responsibility principle; Next, various countries' law's stipulation has not been separated from the mistake responsibility principle the category; Third, the bankrupt supervisor civil liability has the expert responsibility characteristic, the achievement has the skill person, if will use the non-mistake responsibility principle to enlarge their pressure, will cause the right both sides benefit to be unbalanced; Finally, the bankrupt supervisor undertakes the civil liability situation to violate the legal obligation, but the legal obligation violates has the subjective mistake generally.The third chapter main introduction bankruptcy supervisor civil liability recognizing. Included the mistake to recognize that the harm result recognized, causal relation recognizing. The bankrupt supervisor civil liability mistake recognized that should be "the reasonable attention duty", Namely the bankrupt supervisor in its disciple process, by one this profession's in general standard should "the foresight" will give the formidable sponsor to bring in the benefit to harm undertakes the mistake responsibility, the mistake concrete manifestation form including the conflicts of interest, is negligent in the control, to be negligent in the investigation and so on eight aspects. Harm result recognizing including two aspects: The realistic harm and the invisible harm (pure economic loss), the realistic harm for the reality in property damage, the invisible harm loses for the opportunity and so on. The invisible harm mainly includes the bankrupt supervisor error statement and the decision error two aspects. Causal relation's recognizing violated the legal obligation for the bankrupt supervisor to create the harm which its should foresee.The fourth chapter mainly introduced bankrupt supervisor civil liability undertaking. When several bankrupt supervisors the civil liability undertakes divides into two kind of situations: When the bankrupt supervisor has not had the change causes the losses by the single bankrupt supervisor to undertake the civil liability personally by it, causes when together the losses many bankrupt supervisors undertake the joint and several liability; Has when the change the civil liability question should take own responsibility as a principle, take the particular case in according to the share responsibility as the exception. The bankrupt supervisor when carries on the compensation to the formidable sponsor, the responsibility realizes the main body should be the surveillance person, like this can better realize creditor's benefit. The bankrupt supervisor civil liability undertakes the way to restore the original condition, to return the property and the compensation loses three kinds, carries on the choice according to the different realistic situation. Should be suitable the differential computation method regarding damage compensate's computation, the law must draw up a unified difference basis of calculation, with the differential limit, and must give judge certain freedom to decide after deliberation the power. The fifth chapter is goes bankrupt the supervisor civil liability legislative present situation to our country to carry on the analysis, points out the deficiency, and puts forward the proposal, like the establishment bankruptcy supervisor civil liability's nature, consummates the bankrupt supervisor civil liability legal obligation the stipulation, to consummate the stipulation which the bankrupt supervisor civil liability undertakes, to consummate stipulation which and so on, the bankrupt supervisor damage compensate the stipulation, the bankrupt supervisor responsibility realizes can go bankrupt the supervisor civil liability system by the times to our country mature and has a benefit perfectly.