Research On The Legal Responsibility System Of The Directors Of The Bankrupt Enterprises In China

Bankruptcy is a long-established system that plays a decisive role in the process of enterprise development.In China,the development of bankruptcy systems lags behind.Bankruptcy administrators have long been at the center of bankruptcy procedures,and have always been involved in the bankruptcy phase,but due to bankruptcy.The company involves many interests,and it is of course important to pay attention to how to chase it and who to blame.It is also an external guarantee that the company can be bankrupt.The amendment of the "Enterprise Bankruptcy Law" in 2006 in China improved the content of "legal responsibilities" and provided a legal basis for the bankruptcy of enterprises,especially directors and other major shareholders in bankrupt companies.With the existence of an independent legal personality system in China,directors and other relevant personnel bear limited liability.Once established,the company becomes a “person” in the legal sense.It assumes responsibility for external independence.Debt after bankruptcy must be repaid by the company independently.Therefore,the company’s shareholders,etc.In reality,creditors and other stakeholders are not directly connected.When a company is on the brink of bankruptcy,if a director abuses his power,he maliciously delays bankruptcy,transfers assets,consumes corporate assets,and other improper behaviors,it will seriously damage the interests of creditors.Therefore,in the bankruptcy stage,the behaviors of corporate directors will directly affect the corresponding rights and interests of creditors.The legal liability of the directors of bankruptcies is an extension of the relevant provisions of the “Company Law” and is also an enhancement of the legal relationship between the parties in bankruptcy.It can standardize corporate governance and strengthen legal supervision.Therefore,improving the legal liability system for bankruptcy corporate directors puts forward higher requirements on the personal liability of the directors of bankrupt companies,such as high standards of diligence and commercial credit,which will most effectively ensure the smooth bankruptcy of enterprises,reduce interest disputes,and improve corporate governance.In most countries,when companies are in a state of insolvency,they regulate different behaviors of directors at various stages of the company.A relatively perfect system of legal liability for bankruptcy directors can enhance the sense of responsibility of directors,regulate their own behavior,and reduce corporate losses.Although China’s "Company Law" and "Corporate Bankruptcy Law" stipulate legal responsibilities,this part of the regulations is relatively backward and is still at the stage of exploration.The relevant systems are not systematic and operational,and the directors have "drilled" legal loopholes in bankruptcy.As the bankruptcy order is affected,it is imperative to improve the legal liability system for bankruptcy directors in China,reconstruct a relatively independent system,regulate the illegal behavior of directors in the bankruptcy phase,and maintain market security.This paper consists of an introduction and a body.The introduction is the preparatory stage of the dissertation,which summarizes the background of the study and the significance of the topic.Using the methods of literature analysis and concept analysis to define the relevant concepts in the bankruptcy of enterprises,and analyze the research status at home and abroad,and lay the foundation for the study of the text.The text is discussed in four parts:The first part elaborates the theoretical knowledge of the legal liability system of bankrupt companies.This part is the study of the transition from the study of corporate bankruptcy legal liability to the legal liability of the bankrupt corporate director.First,it analyzes the legal status of the directors of bankruptcies in various countries,the theoretical basis of responsibility,and how the responsibilities should be characterized;second,the analysis of our country The constitutional elements of the legal liability of the directors of bankrupt companies.The second part elaborates the legislative status quo of the current legal liability system of bankrupt companies in China,grasps the specific classification of responsibilities,and analyzes the typical legislative status in China’s bankruptcy legislation to understand the process of the bankruptcy liability system of directors from scratch in China.Analyzing the essence of China’s legislative provisions from different angles.The third part elaborates the problems existing in the legal system of bankrupt companies in China.The main analysis is the lack of accountability mechanisms,weak operability,ambiguity in the scope of legal regulations,and other deficiencies in the implementation of bankruptcy procedures,as well as a systematic analysis of the causes of the problems,and suggestions on how to improve the relevant systems in China.The fourth part elaborates the reconstruction of the legal liability system of the directors of bankrupt companies in China.The focus of this paper is to analyze how to improve the current embarrassing situation of the director’s misconduct in the current bankruptcy enterprise.Based on the necessity of perfection,the paper puts forward recommendations from prevention to misconduct and expects it.Improve the legal liability system for bankruptcy of directors in China.