The Civil Liability System Construction Of The Bankrupt Company Directors To Its Creditors In Our Country

The law should not merely a single or a group of concept,but a real activity which can be used as a tool for achieving social justice,only practical law can get vitality.In the context of the voice that vigorously investigating civil liability of the director who make the companies go bankrupt because of their illegal behaviors in order to reduce and check the number of bankruptcy keep rising,our new《Bankruptcy Law》which have breeded a decade-long changes the drawback that attach too much importance to administrative,criminal liability,but misjudge civil liability in the previous legislation ,and increases"civil liability"in the form of liabilities of directors,which can touch on the interests of directors and become a strong deterrent.But in the judicial practices,People found that the accountability road that bases on the provisions of new《Bankruptcy Law》to investigate civil liability of the bankruptcy directors was not smooth,even some provisions were difficult to operate effectively,far fail to achieve the desired results.The mainly reason is that although there is"civil liability"in the New《Bankruptcy Law》,but lack a workable accountability mechanism,including the types of conduct which can be held accountable and their tatbestand,the main people who investigate the liability and accountability procedures,appropriate safeguards and so on.How to improve the system design and let"civil liability investigating system"play important roles in achieving the legislative purpose of reducing and preventing the bankruptcy cases and protecting the right to be fair repayment is the focus issue of the article.There are three parts in the text:The first part,carding the《Bankruptcy Law》and other relevant regulations on the provisions of the civil responsibilities of the insolvency directors.First,list the domestic laws in this regards before the new《Bankruptcy Law》and make comments ,explain the reasons why such provisions can not hold back the tendency of bankrupt ;then point out the background of the new《Bankruptcy Law》,the new and perfect contents,through the comparison between the old and the new laws,indicate the necessity to investigate personal civil liability of directors and point out the existence of some deficiencies.The second part,carry out system design,aiming at the shortcomings of investigating personal liability of the directors in new《Bankruptcy Law》.First ,divide the offense into three broad categories:bankruptcy fraud,biased settlement acts,other irregularities;Then point out the tatbestand of the various types of behavior;Finally make the provisions on the issue of liability size.Hope that through a clear pattern of behavior designed to make the court have"edition"to refer in the judicial practices and improve trial efficiency.The third part,point out that achieving the legislative intent of the new《Bankruptcy Law》(increase in the estates,realize fair repayment in the creditors) also rely on the indorsation of other related laws and regulations , so I raise a number of judicial recommendations on the basis of summarizing relevant domestic legislation and referencing the mature systems of other countries,including strengthen the property preservation system,improve the bankruptcy avoidance system,set up the liability insurance system of the directors and officers,introduce the approved trial system of civil liability and so on.