The Study Of Bankruptcy Administrator's Duty For Supervision In The Implementation Of The Reorganization Plan

“Enterprise Bankruptcy Law of the People's Republic of China” promulgated and implemented from 2007 in China(hereinafter referred to as “Enterprise Bankruptcy Law”)introduced the policy of bankruptcy reorganization.The largest value for the policy of bankruptcy reorganization is the realization of rebirth for the enterprise.It prevents the waste of economic resources and maintains the stability of the society.Of which the implementation and supervision of reorganization plan is the important content in the policy of bankruptcy reorganization,it is defined in our law that the bankruptcy administrator shall undertake the position of supervisor for the reorganization plan and take charge of the supervision for the implementation of reorganization plan.Only the final realization of reorganization plan can the interests of creditors be realized to the maximum extent,whether the bankruptcy administrator can perform his or her duty of supervision in accordance with the law in the implementation of the reorganization plan is the key for the smooth conduct and realization of the reorganization plan.This article is divided into four parts.Part I: The discussion on the basic theory of bankruptcy administrator's duty for supervision in the implementation of the reorganization plan.First of all,the duty and positioning of the bankruptcy administrator in the implementation of the reorganization plan should be determined which lays a theoretical basis for the discussion on the bankruptcy administrator's duty for supervision.Under the background of time in which the number of bankruptcy cases increases dramatically,it analyzes the essentiality of gifting the duty of supervision to the bankruptcy administrator for the reorganization plan.According to various kinds of theories in both China and abroad,with the integration of regulations in the “Enterprise Bankruptcy Law” of China,it conducts the deep research on the source of bankruptcy administrator's duty for supervision in the implementation of the reorganization plan.Part II: The content of bankruptcy administrator's duty for supervision in the implementation of the reorganization plan.Based on the “Enterprise Bankruptcy Law” of China and the rules in other related laws and regulations,according to the difference of nature for the bankruptcy administrator's duty,it classifies the bankruptcy administrator's duty for supervision in the implementation of the reorganization plan as the pure obligational duty and the duty that should be undertaken for the implementation of the duty,based on this classification standard,it discusses the specific content respectively.Part III.The classes for the inappropriate performance of bankruptcy administrator's in the implementation of the reorganization plan and the essentiality for the optimization of the bankruptcy administrator's duty for supervision.When the bankruptcy administrator performs his or her duty for supervision,he or she has the possibility of creating the behavior of abusing the right and neglecting his or her duty,it analyzes the specific situation in which the bankruptcy administrator abuses his or her right and neglects his or her duty for which it is concluded that the policy of the bankruptcy administrator's duty for supervision in the reorganization plan should be optimized.Part IV: Analysis on the legal responsibility with the regard to the supervision mechanism for the bankruptcy administrator's behavior of performing duty and the bankruptcy administrator's violation for the duty of supervision.With the regulations for the legal responsibilities that have been already available in the current “Enterprise Bankruptcy Law” of China,it comprehensively analyzes the civil responsibility,administrative responsibility and criminal responsibility of the bankruptcy administrator's for the violation of duty for supervision in the implementation of the reorganization plan and provides the suggestion for the improvement of the insufficiencies.