A Study On The Responsibilities Of Bankruptcy Administrators

It has been more than ten years since the bankruptcy administrator system was established in China,which is a milestone system and plays an important role in the development of China's bankruptcy work.However,there are some irrationalities in the current bankruptcy administrator's responsibility system.This paper will make a typical in-depth analysis of the administrative responsibility in the bankruptcy administrator's responsibility,and put forward the solutions according to the existing problems.But when discussing the duties of the bankruptcy administrator,we need to position its identity,and it is under the legal framework of our country combined with the actual situation of our country,so this paper will mainly discuss from the following points.First of all,we will discuss the position of the bankruptcy administrator.Combined with foreign legal theories and the legal position proposed by Chinese scholars,the author thinks that it is more reasonable to position the bankruptcy administrator as an independent and temporary social organization.The first chapter is mainly through the analysis of "independence","temporary","social organization",to prove its reasonable necessity.Secondly,it will analyze the problems existing in the duties of the bankruptcy administrator,mainly focusing on the responsibilities.The second chapter will analyze the current situation of the legal liability of the bankruptcy administrator when performing his duties,mainly from the civil liability,criminal liability and other liabilities(judicial coercive measures)as the main position,to discuss whether the actual implementation of civil liability can play a role in restraining the behavior of the bankruptcy administrator,whether it is necessary to set up criminal liability,and whether it is restricted by judicial coercive measures Whether it is reasonable or not.The third chapter mainly discusses the new form of the bankruptcy administrator's responsibility,and analyzes the feasibility of whether the bankruptcy administrator should bear the administrative responsibility.Finally,according to the unreasonable existing responsibility setting of the bankruptcy administrator,this paper puts forward some suggestions for the improvement,and discusses the establishment of the administrative organ of the bankruptcy administration and the operation mechanism.One of the functions and powers of the bankruptcy administration department is to manage the bankruptcy administrator and set up the necessary types of responsibilities.In addition,it also puts forward solutions from other aspects,such as establishing a new bankruptcy administrator evaluation system to improve the implementation mechanism of administrative responsibility,and establishing a linkage mechanism among the government,the people's court and the bankruptcy administrator,so as to solve the irrationality of the current bankruptcy administrator's responsibility when performing his duties.This paper is based on the legal position of the bankruptcy administrator to discuss the responsibility of the bankruptcy administrator,especially the administrative responsibility.The innovation of this article lies in giving a new position to the bankruptcy administrator and adopting a new management method to manage the bankruptcy administrator.Some ideas have not been supported in our country,but the author's discussion is based on the current situation and legal basis of our country.