Study On Civil Liability Of Bankruptcy Administrator

The rapid economic development must be accompanied by the frequent birth and elimination of a large number of companies.In China,the law of corporate bankruptcy still stays at a relatively primitive stage and it is difficult to meet the needs of bankruptcy practice.For this reason,the new company law has perfected it and established the bankruptcy administrator system.He hopes to use the manager's professional skills to standardize bankruptcy affairs management.Legislation gives managers the right to control and dispose of corporate assets,and debtors and creditors cannot actually intervene beforehand.The rationality of the disciplinary behavior of the manager directly affects the interests of the parties concerned.In order to reasonably constrain the bankruptcy administrator to perform its duties properly and also to safeguard the legitimate rights and interests of interested parties,the Bankruptcy Code stipulates the civil liability of the administrator in Article 130.However,the existing provisions of the bankruptcy law are too simple and not detailed enough to meet the needs of practice.Therefore,a more in-depth study of the civil liability system of the manager is needed in order to be able to improve it.This article is divided into five parts.The first part discusses the nature of manager's civil liability.He thinks that the manager's civil liability should be recognized as a kind of tort liability in principle,but there is still room for breach of contract.The second part discusses the bankruptcy administrator's civil affairs.The principle of responsibility for liability is that the liability of the manager's civil liability should be based on the principle of fault liability,and the manager must be blamed for his fault.The third part discusses the constituent elements of the civil liability of the manager and believes that the fault should be maintained.In the fourth part,the manager's civil liability problem is analyzed.He believes that in terms of liability,taking into account its huge practice risk,the highest liability limit can be set;finally,the current manager's civil liability The safeguard mechanism is still not perfect,and it should be improved from the three aspects of information disclosure,liability prevention mechanism and manager's practice insurance.