Research On Bankruptcy Supervisor's Civil Liability

Competition in the market is fierce nowadays. As the main survival product of the market, bankruptcy has becoming more and more important. Under the bankruptcy law institutional framework with the social benefit as the adjusted target, the bankrupt supervisors are taking responsibilities of balancing the interests of the bankruptcy creditors, the debtors and other stakeholders. Therefore, they play a role effectively in favor of maintaining social stability and building harmonious society.The administrators in insolvency proceedings who has broad powers are at the center of balance of interests. If no line of defense has been set, justice and efficiency will inevitably become a hidden danger. The bankrupt supervisor responsibility system is to promote the proper discharge of its mandate in an important safeguard. At the same time, interested parties are usually subject to the loss of property damage in the bankruptcy relations. The core of civil liability for compensation is for the loss of the victim, so the civil liability of the bankrupt supervisor plays an important part in the system. However, the bankrupt supervisor civil liability regime in China has just been established, there is a certain blind area in both the theory and legislation.Based on the above, this essay is to study the civil liability system of the bankrupt supervisor responsibility system from the perspective of judicial practice, and analyze relevant theories of bankruptcy administrator responsibility in order to make some contribution on civil liability system.exploring the status of bankruptcy supervisor runs through full-text, and follow such logical sequence, that is from studying bankruptcy supervisor status and bankruptcy supervisor's civil obligations, then to how to implement the civil liability of the bankruptcy supervisor.Analyzing the legal status of the bankruptcy supervisor provides a theoretical basis for the bankrupt supervisor of how to assume civil obligations and bear civil liabilities. First introduces bankruptcy administrator civil liability of the meaning and characteristics,then secondly it gives evaluation on bankruptcy legal status of each theory. And finally based on the analysis of the trustee system of Anglo-American law system, and the value target of the bankruptcy law in our country, it defined the bankruptcy trustee legal position.The positioning of bankruptcy trustee legal status requires bankruptcy administrator should fulfill the trustee legal obligations, and bear civil liability when violating his statutory civil obligations. This section combines the theory of general trust of the trustee's legal obligations and the bankrupt supervisor's obligations as a trustee detailed analysis. To explore the commitment and implementation for the bankrupt supervisor of civil liability is key to study the civil liability of the bankrupt supervisor.How to implement the civil liability of bankruptcy administrator under the realistic liability system is a problem need to be solved urgently. In the end of this part, then it pionts out the theoretical and practical significance of improving the civil commitment system for the bankrupt supervisor, and protecting the implementation of their civil liabilities.