The Legal Natue,Status And Legal Liability Of Bankrupt Supervisor

Enterprise bankruptcy law of our country has introduced bankrupt supervisor system, has substituted for bankrupt settlement group in the old bankruptcy law. The bankrupt supervisor system exists in the majority country's bankrupt laws , especially mature in UK-US legal system country. Our country introduces this system in the enterprise bankruptcy law ,which reformed in the 2007, is a important reforms on the bankruptcy settlement group systems, and a good beginning of connection with International bankruptcy legal regime .The bankrupt supervisor is a specialized agency which is responsible for bankruptcy property management, disposition, liquidation and bankruptcy services program development and implementation according to law in the bankrupt procedure. As the most important organization in the bankruptcy proceedings ,all the affairs Bankrupt supervisor's responsible for are the attention focal point of each benefit main body. The bankrupt supervisor resides in the very essential status in the bankrupt procedure. Bankrupt supervisor system's consummation directly related to the fair, equitable and efficient, and impact on the achievement of the objectives of the insolvency system. At present the bankrupt supervisor system's research in our country academic circle are Prolificacy ,but the foundation fundamental research such as legal nature ,status and legal liability actually has the insufficiency, the related bankrupt supervisor's legislation is more abstract fuzzily. Fundamental research's insufficiency and the legislative stipulation's flaw will bring the puzzle to the bankrupt supervisor in the proces of fulfillment responsibility. To change these unreasonable present situations must conduct the comprehensive research to the bankrupt supervisor's related legal matter. In the related bankrupt supervisor's legal matter, the bankrupt supervisor's legal nature, the legal status and the legal liability, these three question's research is especially important and complements one another, therefore the author plans to carry on the comprehensive discussion.The legal nature of bankrupt supervisor is form legal point of view,to explore the main aspects basic requirements of the bankrupt supervisor. What conditions are required if the individual nature and legal person become the bankrupt supervisor. Enterprise bankrupt law implemented in the before and after, with related to the legal nature of the bankrupt supervisor discussion in the academic community has never been stopped,the main representative of the views have such as agents positions,said on behalf of the bankrupt supervisor, regular agencies,supervisor agency personality and so on. Though analysis,compare,remark the various aspects of the civil law and the common law,the author think the bankrupt supervisor is a special kind of professional institutions, which have these features, independence, neutrality, professionalism, paid and organization, is the bankrupt law in accordance with the provisions of the recognization, reconciliation and operation, managementsand related matters of the professional institutions. Clearly the legal nature of bankrupt supervisor is resolve the issue of other basic theories, but also directly determines the duties of bankrupt supervisor and the legal system designed, and the law liability.The legal status of bankrupt supervisor determines the main qualifications of which inplement the bankrupt affairs. Supervisor instead of bankrupt supervisor is not just the name changed, in fact, the bankrupt supervisor is authored more rights, and these from another aspects showed the bankrupt supervisor have the main civil qualifications, the enjoyments of civil status indealing with bankruptcy matters. At the same time, around the world countries of academic, they are agreed that bankrupt supervisor have the civil qualifications. Unfortunately, despite the theoretical circles have no objections on the civil status, but the main argument is kack of and too abstract. Therefore, in the paper with the civil legal status as the starting demonstrated it through three aspects, the need of operation in the economic life, theory study and law legislation at present and so on, these demonstrates bankrupt supervisor have the civil status entity.Bankrupt supervisor with a civil qualification as their own name deal with bankrupt matter and take on legal liability independently. The legal libality form devided into civil liability, administrative liability and criminal liability. Among them, the civil liability of the bankrupt supervisor beared is the primary responsibility. In the process of finding the bankrupt supervisor of the liability in respect of civil liability in principle, author advocate the use of the principle of fault liability;the responsibility of the type, the disputes among bankrupt supervisor, bankrupt person and state organs and other realated problems, so in addition to commit civil liability, the author believes that the bnakpupt supervisor under certain conditions, bankrupt supervisor must assume the responsibility of administrative law and criminal liability.The legal nature, legal status, legal liability of the bankrupt supervisor is a whole, they are linked closely, and layed together. Exactly understanding the legal nature of supervisor will help to understand its legal status and legal liability, at the same time understanding the legal status and legal liability of bankrupt supervisor will also benefit for us define the legal nature of bankrupt supervisor.