On The Civil Liability Of The Bankrupt Enterprise Management

The personal civil liability of bankrupt enterprise's manager can be attributed to the manager's fault which led to the bankruptcy of enterprise or illegal act which was carried out by manager in the course of bankruptcy. The embodiment of this personal civil liability in bankruptcy of enterprise can enhance the protection for creditor's benefits which always have been effected by limit liability. As a result, it can improve the compensation to sufferers in bankruptcy. On the other hand, the restraint effect of civil liability for illegal act can make the managers do their best to manage the enterprise. It can benefit not only for company's development but also for positive development market economy. The general condition of manager's civil liability for bankruptcy of enterprise has been defined in newly-amended Bankruptcy Enterprise Law. But how to hold the responsibility was not clear, so the paper discus this subject with four sections in detail.The elements of manager's personal civil liability for bankruptcy, responsibility-ascertained system, reasons for responsibility discharge, content of responsibility were analyzed in the paper, then the detailed regulations of how to hold the responsibility was proposed.ChapterⅠdefined the intension of personal civil liability of manager. Firstly, who can be thought as director and manager which responsible for bankruptcy were defined. Secondly, what time should the manager hold the responsibility was made clear.ChapterⅡdiscussed the practical significance and theoretical basis of personal civil liability of manager for bankruptcy of enterprise.ChapterⅢelaborated the two kinds of condition under which the manager must hold the civil liability for bankruptcy of enterprise. First, the manager's action which leads to the bankruptcy was against the duty of loyalty and duty of care. Second, managers carry out the annullable bankruptcy action and invalid bankruptcy action before the bankruptcy of in the course of bankruptcy.ChapterⅣdiscussed the responsibility-ascertained system for personal civil liability of bankrupt enterprise's managers. The elements of manager's personal civil liability for bankruptcy, confirmation of responsibility, content of responsibility and how to hold the responsibility was also summarized in the chapter.ChapterⅤexpatiated the detailed regulations of how to charge the manager's personal civil liability for bankruptcy of enterprise in a legal view.The general condition of manager's civil liability for bankruptcy of enterprise has been defined in Bankruptcy Enterprise Law. But how to hold the responsibility was not clear. So the regulations for conforming, charging and caring out of civil liability should be established.