Research On The Responsibilities Of Administrators In Bankruptcy Reorganization

China’s Enterprise Bankruptcy Law,which was implemented in 2007,introduced the bankruptcy administrator system.The new bankruptcy law entrusts the administrator with a wide range of responsibilities in bankruptcy reorganization,but its provisions on the administrator’s responsibilities are too principled and lack of operability in the process of application.There are shortcomings in the provisions on the administrator’s investigative power,supervisory power,personnel appointment and removal power and the responsibility for negligence,which need to be solved urgently.When entering the bankruptcy reorganization procedure,the administrator has two identities to choose from.One is to take over the debtor’s enterprise as a substitute for the debtor and take charge of the reorganization of the debtor’s enterprise;The other is to supervise the debtor’s enterprise’s self-restructuring as a supervisor.Regardless of their status,the responsibilities of managers are very important for restructuring the survival of enterprises.From the perspective of judicial practice,the scope of investigative and supervisory powers of managers in restructuring should be expanded and clarified.Breaking the court’s restrictions in order to give the reorganization administrator the right to employ or dismiss employees of bankrupt enterprises.At the same time,the proportion of employees employed by the reorganization administrator in the debtor’s enterprise is limited.At the same time,it is also necessary to clarify the provisions of accountability when managers fail to perform their duties,so as to promote the reorganization managers to perform their duties more actively.In view of the problems existing in the responsibilities of administrators in bankruptcy reorganization in China,this paper draws lessons from the mature experience of foreign countries and puts forward suggestions for the improvement of relevant systems.The main content of this article is as follows:In the first part,by introducing the background of the development of the bankruptcy administrator system in China and combining with the current research situation at home and abroad,the significance of studying the administrator’s responsibilities in bankruptcy reorganization is pointed out.In the second part,based on the definition of the legal status of the bankruptcy administrator,the role of the administrator in bankruptcy reorganization is defined in this paper.Then it combines with the analysis of the particularity of administrator’s duty in bankruptcy reorganization,so as to lead to the problems raised in the next part.In the third part,according to the dilemma of the administrator in the bankruptcy reorganization and the current legislative situation in China,this paper points out the deficiencies of the legislative provisions in China.In the fourth part,reviewing the relevant provisions of foreign countries,through the analysis of the design of the responsibility system of the bankruptcy reorganization administrator in the United States,Germany,Britain and France,summarizes the relevant factors that need to be considered in improving the responsibility of the bankruptcy reorganization administrator in China.In the fifth part,This part mainly through the combination of the foregoing discussion,puts forward the legislative improvement suggestions of the administrator’s responsibility in the bankruptcy reorganization of our country.It is suggested that in the Bankruptcy Law or in the form of judicial interpretation,the object and scope of the administrator’s right of investigation and supervision should be clarified.The restraint of the court should be broken and the decision-making power of personnel appointment and removal of the reorganization administrator should be given directly.At the same time,the proportion of employees employed by the reorganization administrator in the debtor’s enterprise is limited.To investigate the responsibility of the derelict administrator,we should not only investigate the personal responsibility of the person directly responsible for the administrator,but also the responsibility of the administrator’s organization,and implement the "dual responsibility mechanism".