Research On Civil Liability Of Trustee In Bankruptcy

The system of Trustee in Bankruptcy is a new institutional arrangements of Enterprise Bankruptcy law, regarded as the major bright spot of the recent amend of the law. Trustee in bankruptcy law plays the core role of the Bankruptcy law, known as a fair and effective management . The establishment of the Trustee responsibility system can fully reflect the pursuit of justice and efficiency of bankruptcy proceedings law. Trustee naturally become the centre form of Bankruptcy proceedings in the balance of creditors , debtors and the court .Without the defense Settings , trustee who has broad powers will inevitably become a hidden danger to justice and efficiency. In a society ruled by law, the rights and obligations of peer power and responsibility counterparts. Therefore, the responsibility system of Trustee in Bankruptcy is an important guarantee for the Trustee to perform its duty in Bankruptcy proceedings.Precisely because of the above consideration, the author choose such a research topic, analyze and compare relevant theory of Trustee responsibilities from the perspective of judicial practice, expecting to make a bit contribution to the Trustee responsibility system of china. This Paper is divided into four parts, in first part the author introduces the concept of the trustee system and the development of its history, the nature and evolution of civil liability of trustee. Then the author points out that the civil liability of trustee is a responsibility of experts, applied the principle of fault liability. In second part the author analyzes the theoretical foundation of bearing civil liability for trustee as the responsibility subject from legal basis, summarizing the legal status China's trustee on the of trustee of the status of doctrine. Then the author suggests that China's bankruptcy law should draw on the practice of common law and the trust system should be introduced in the bankruptcy system, which will define its legal status of as estate trustee. In third part the author analyzes the types of civil liability of the trustee under the tort liability theory. The main thought is that the trustee liability should also be With four elements, applying fault principle of clearing the scope and details of the compensation liability. In part four, the author put the emphasis on the protection and the strengthen of the trustee's ability of bearing civil liability, giving suggesting on the establishment of liability insurance ,occupation, supervision and restriction mechanism. The full text is about 35,000 words.