The Research Of Bankruptcy Administrator System Of Responsibility

The value of bankruptcy law is realizing the max rights of creditor’s, protecting the interests of creditors, and realizing the fair among all the creditors. When the debtor have a high default by nothing, he will rely on the ordinary civil procedure. It is difficult to realize creditor’s rights, because the debtor can manage and dispose the property. But setting up the bankruptcy administrator system, through the bankruptcy procedure, the bankruptcy administrator can manage and distribute the existing property, which can ensure fairly pay off all the creditors. And when the bankruptcy administrator takes over the debtor, he must begin their legal responsibility. The bankruptcy administrator will fulfill its legal responsibility or not, that is the key for the bankruptcy process to go smoothly.The article, from four aspects, analyzes the bankruptcy administrator system of responsibility:Part I: The theory of bankruptcy administrator responsibility. Starting from the legal status of bankruptcy administrator, contrasting with foreign and domestic theories on the legal status of bankruptcy administrator. Defining the legal status of the bankruptcy administrator in our country and analyzing its rationality. According to foreign and domestic theories about bankruptcy administrator, combining with the regulation of our country current bankruptcy law, exploring the source of the bankruptcy administrator’s responsibility and the source of the bankruptcy administrator’s responsibility in our country. On the basis of jurisprudence interpretation of legal rights, legal obligations, and power and the relationship between the bankruptcy administrator’s responsibility and obligations and the relationship between bankruptcy administrator’s responsibility and authority, etc., analyzing the nature of the bankruptcy administrator’s responsibility. The bankruptcy administrator’s responsibility are classified as the pure compulsory responsibility and the overlapping authority responsibility.Part II: The classification of bankruptcy administrator responsibility. Based on the bankruptcy administrator’s responsibility of the bankruptcy law and the nature and feature of bankruptcy administrator responsibilities defined, through the classification method of the pure compulsory responsibility and the overlapping authority responsibility, respectively, from the legal nature, characteristics and behavior standard of pure compulsory and the overlapping authority responsibility, distinguishing definition and analyzing their contents.Part III:Bankruptcy administrator’s duties to fulfill. discussing the implementation and supervision of the bankruptcy administrator ’ s responsibility in our country. Basis on supplementing to the right of taking over, prolonging the endpoints of representative lawsuit and complementing the relief of administrator’s propose to meet creditors’ rights, etc., analyzing the guarantee for the bankruptcy administrator to perform their responsibility. Basis on two aspects of the supervision, that are defects and improvements, analyzing the supervision for the bankruptcy administrator to perform the overlapping authority responsibility. Defects: the scope of supervision of the people’s courts is wide, the lack of access to information for creditors and the bankruptcy administrator supervision system is not perfect; Perfecting measures: reducing the scope of supervision of the people’s courts, establishing bankruptcy administrator information disclosure system, setting up the bankruptcy administrator administration for industry association and the management of insolvency administrator.Part IV:Bankruptcy administrator’s legal responsibility, when he is dereliction of responsibility. Analyzing the legal responsibility of our country’s bankruptcy administrator. On the foundation of the regulation of our country current bankruptcy law on bankruptcy administrator’s legal responsibility, starting from the necessity of establishing the bankruptcy administrator legal responsibility, analyzing the defect, that is the incomplete responsibilities’ form. Putting forward some suggestion about the constitution conditions of civil liability and the types of civil liability and the civil liability exemption to perfect the civil liability. Putting forward some suggestion about administrative subject and administrative liability categories to clear administrative responsibility. Through the legislation technology, the establishment of cohesion between the bankruptcy law and criminal law is appropriate to improve the criminal responsibility.