Wang Mou And Other V. Hongyuan Company Manager Liability Dispute Case Legal Analysis

In the bankruptcy procedure,the bankruptcy administrator is a very important part,and it will play an important role in promoting the bankruptcy work.At the same time,the number of disputes related to the manager’s responsibility is also increasing.In 2006,the Enterprise Bankruptcy Law began to implement,and the bankruptcy administrator system began to advance gradually.Thus,the duty of diligence of the bankruptcy administrator is clear in the legal aspect,but the provisions on its content are slightly weak.Therefore,the bankruptcy administrator cannot perform its own duties in the actual work,thus damaging the rights of creditors and other interested subjects.The case of Wang et al.Hongyuan Company Manager Liability Dispute is a case in which the representative manager violates the duty of diligence and damages the interests of creditors.In this case,the content of the dispute mainly includes whether individual creditors can be the plaintiffs and administrators,whether they violate the duty of diligence and the determination of liability for damages.As for whether the individual creditors involved in the case can play the corresponding functions in the litigation proceedings as the plaintiff subject,the comprehensive analysis is mainly based on the relevant provisions of the Judicial Interpretation of the Bankruptcy Law and the judgment ideas of the court in the judicial practice.However,in the process of practical trial,the court will make a judgment according to the relevant provisions of the Bankruptcy Law,based on which the determination directly denies the subject qualification of the plaintiff,so the plaintiff will mostly cite no relevant prohibitive provisions of laws and regulations to defend.As for whether the manager involved in the case violates the duty of diligence,the Enterprise Bankruptcy Law simply stipulates that the manager has this obligation,and there is no clear judgment standard in the legislation.Therefore,through the definition of the duty of diligence,the judgment standard of the manager’s duty of diligence in judicial practice is explored,mainly from the value standard of performing the duty of the director and the standard of diligence,which provides the prerequisite for the manager to bear the liability for damages.In terms of the determination of the damage liability of the manager involved in the case,it analyzes whether the manager has a subjective fault,because it is difficult to grasp the subjective factors,and the causal judgment criterion of the damage liability is relatively clear,which can be judged by the standard of ordinary prudent person.Therefore,by analyzing the judgment criteria of fault factors and causal relationship,it is determined that the manager in this case violates the duty of diligence and is at fault subjectively,and should bear the liability for compensation.