On Bankruptcy Trustee's Civil Liability

The implementation of the new bankruptcy law in 2007 marks the establishment of the bankruptcy trustee system in China.It is an important innovation and reform to standardize and internationalize the bankruptcy law of our country and also a new requirement of market economy to our bankruptcy law.The bankruptcy trustee is a special subject in the bankruptcy legal system whose goal is to adjust the social interests.It shoulders the important mission of balancing the interests of creditors,debtors and other interested parties in the bankruptcy proceedings.It has the responsibilities to take over,liquidate,sell off and distribute bankrupt property.The trustee faithfully and assiduously performs its legal duties,which determines the preservation and appreciation of the debtor's property,the protection of the creditor's interests and the smooth progress of bankruptcy proceedings.Based on the important position and the wide range of responsibilities of manager,bankruptcy law in China should provide certain legal consequences to the interested parties caused by the trustee's willful or gross negligence during the performance of duties,and remedy the damage results to prevent the damage from happening again.However,since the trustee system has just been introduced into China,the theoretical research and legal provisions of its civil legal liability are not perfect,especially the legal status of the trustee,the nature of civil liability,the principle of attribution and the way of bearing.Therefore,it is of great practical significance to study the bankruptcy trustee's civil liability system in China.Detailed rules manager legal liability,especially civil liability,not only can regulate the behavior of its practice,to prevent the wild and slack of the manager in the process of their duties,but also conducive to their rights.It can make trustee avoid to assume undue responsibility,and trustee will play its full part.The background of this paper is that the bankruptcy law of China has no comprehensive provisions on the trustee's civil liability and the research topic is the trustee's civil liability and the research methods are historical analysis,comparativeanalysis,value analysis and objective interpretation.Historical analysis is a basic legal research method.It puts the trustee system in a special historical environment,introduces the origin and development trend of the trustee system,and analyzes its institutional evolution.Laws in different countries and at different historical stages have different value tendencies and historical missions.The comparative analysis method seeks for legal wisdom to promote the progress of China's bankruptcy law by analyzing and comparing the provisions of different laws on the trustee's civil liability system and combining theories and practical experience.How does the trustee bear the civil liability and what kind of civil liability is closely related to the realization of the value of law.The value target of bankruptcy law has changed from creditor's interest standard to social interest standard.It requires the trustee to be neutral.Through the use of value analysis to analysis the balance process of the value of the law in the efficiency,fairness and interests,and the value orientation of the law can reflected in the study of the trustee's civil liability.The value of bankruptcy law lies in protecting the interests of creditors and balancing the interests of debtors.Therefore,in the civil liability investigation of the trustee,the litigation rights of the two should be reserved so that the interests of the creditor and the debtor can be fully relieved when the trustee causes damage due to intentional or gross negligence.This article takes the trustee legal status and other basic concepts as the entry point.The legal status of the trustee to perform what kind of obligations to provide the premise and theoretical basis.The precondition for the trustee to fulfill the duty of loyalty and duty of care is to define the trustee as the trustee by referring to the trust system in common law system.The trustee shall bear civil liability when he violates the statutory obligations,and also discusses the way of bearing civil liability and the protection of civil rights and interests.Through this logical sequence to discuss the legal status of the trustee,the identification and bearing of civil liability,the investigation of civil liability and the protection of civil rights.