The Research On The Legal Liability Of The Bankruptcy Dministrator In China

So far from2007, bankruptcy system in our country to formal establishment, this is inour country bankruptcy legal system in the history of absorbing. Bankruptcy administrator inthe position of the bankruptcy procedure is vital, in with the rapid development of economyand the increasing of the bankrupt enterprise. How can let bankruptcy administrator betterfinish the work, ensure that the operation of the bankruptcy system, will need to consider theproblem of bankruptcy legal responsibility. But in the current laws, and no clear the legalresponsibility of the bankruptcy administrator, this will affect the entire bankruptcy procedurecarries on smoothly.About the legal status of bankruptcy administrator has been argued for a long time, butour country bankruptcy administrator legal status of Anglo-American law system should becloser to the trustee. Therefore, our country’s bankruptcy administrator should haveindependent legal personality, should to court is responsible, to accept the court’s guidanceand supervision, and also accept the creditors’ meeting and creditors’ committee to supervise.Bankruptcy administrator duty refers to the bankruptcy administrator in bankruptcyprocedures in the bankruptcy of management matters, that in which has the right of property,also includes the duty of nature. Our country bankruptcy administrator obligations in additionto attention and faithful obligations, but also including accept legal supervision, quit limitedand collateral obligation and so on.Bankruptcy administrator’s responsibility and the duty constitute bankruptcyadministrator of the source of the legal responsibility and the foundation. In our country, thebankruptcy administrator legal responsibility of contents should include civil liability andcriminal liability, the court for compulsory measures, industry discipline and administrativepunishment, and so on. At present our country to the provisions of the bankruptcy legalresponsibility there are so many shortcomings, such as the relative lack of legislation, theresponsibility is not easy to define and be investigated for etc, the urgent need to improve.Specific should include the following aspects: Clear the legal status of the bankruptcyadministrator; Perfect civil liability; Clear the civil liability of the liability principles; Increasecrime related articles of bankruptcy, clear penalties and legal punishment; Refining theprovisions of the administrative responsibility; Add administrative responsibility ofpunishment.In bankruptcy administrator exercise of their rights and perform their duties in theprocess, if the lack of effective supervision, it will lead to the rights of out of control, andfinally to the relevant interested party losses. Therefore, bankruptcy administrator supervision and perfect the system of the also particularly important.