Manager Responsibilities On Enterprise Bankruptcy Reorganization

The "Enterprise Bankruptcy Law of the People's Republic of China" added a bankruptcy reorganization procedure and a manager system.The introduction of the bankruptcy reorganization process has found hope for some companies that still have hopes of rebirth.The bankruptcy administrator performs statutory duties and manages various bankruptcy specific matters,which can ensure the fairness,fairness and efficiency of the bankruptcy proceedings.However,the introduction of the administrator system in our country is still short,and there are still many deficiencies in the regulations on the duties of managers.This paper studies the problems of the responsibilities of managers in the bankruptcy reorganization procedure in China,finds out the existing problems and analyzes them,and combines the relevant foreign laws and regulations and the author's own learning experience to find a suitable solution.This article is divided into four chapters:The first chapter mainly summarizes the problems that arise from the manager's duties.Firstly,in the application for liquidation to reorganization,the manager has not played its due role;Secondly,in the formulation and submission of the draft bankruptcy reorganization plan,the manager should not become a monopoly subject;Thirdly,in the implementation stage of the bankruptcy reorganization plan,it should be strengthened.The degree of managerial involvement,the administrator can also become the executive subject under appropriate circumstances;Finally,the legal provisions are not clear for the supervisor to supervise the duties.The second chapter mainly deals with the development of bankruptcy laws and bankruptcy reorganization procedures in countries outside the country,the provisions of the bankruptcy laws of various countries on the duties of managers in bankruptcy and reorganization,and the problems arising from the duties of managers in bankruptcy and reorganization in China.Theforeign legal system is how to solve.The third chapter mainly explains the ideas that should be adhered to in the improvement of the responsibility of the bankruptcy reorganization manager,and provides theoretical support for the follow-up suggestions.It mainly includes: Firsty,correctly understanding the status of the manager;Secondly,accurately grasping the nature of the manager's duties;Thirdly,ensuring the balance of the interests of the parties;Finally,ensuring the flexibility of the bankruptcy reorganization system.The fourth chapter is the key chapter of this article.In this chapter,the problems arising from the duties of managers in the bankruptcy reorganization of Chinese enterprises are combined with the provisions of foreign bankruptcy laws and related problems to solve the problems.The main ways are as follows.First,in the application for liquidation to reorganization,the manager's suggestion should be added;Secondly,in the formulation and submission of the bankruptcy reorganization plan,the manager's subject monopoly position is broken;Thirdly,the manager is in the reorganization plan.The executive enforcement right in execution;Finally,the manager's supervisory duties in bankruptcy reorganization.