On The Type Of Duty Of Diligence And Loyalty Of Bankruptcy Administrators

Articles 27 and 130 of the Bankruptcy Law stipulate that the bankruptcy administrator has the duty of diligence and loyalty in the bankruptcy proceedings,but suffers from the lack of mature theory of bankruptcy law and the scattered practice of bankruptcy trials..In essence,diligent and faithful duty is an abstract concept,and because of its abstractness,there are various behaviors in the practice of bankruptcy trials.In order to enrich the connotation of diligence and loyalty,this paper builds a cognitive bridge between abstract concepts and concrete reality through the use of typed research methods,from the abstract diligence and loyalty obligations to the types of behaviors in specific cases,and then from the specific types of behavior.Further abstract the legal norms.In this cycle,the paper finally obtains legal provisions with operability,so that the diligent and faithful obligation clause can be used to guide the practice of bankruptcy trials.In addition to the introduction and conclusion,this article is divided into four parts.Chapter 1 The basis for the bankruptcy administrator's diligence and loyaltyThe value orientation of the bankruptcy law and the status of the bankruptcy administrator determine the connotation and institutional design of the diligent and faithful obligation.This chapter is the basis for the full-text research.The bankruptcy laws of contemporary countries have established multidimensional value orientations to protect the rights and interests of creditors,debtors and other interested parties.The status of the current bankruptcy administrator is still controversial.This paper combines the duality of bankruptcy procedures,the central position of the bankruptcy administrator in the bankruptcy proceedings,the identity of the bankruptcy administrator's neutrality,independence,and professionalism.The bankruptcy administrator is designated by the people's court.In the bankruptcy process,the company performs its legal duties of liquidation,reorganization and reconciliation with its own skills,and maintains the independent,neutral and professional special subjects aiming at creditors,debtors and social public interests.Chapter 2 Judgment Standards for the Industrious Obligations of Bankruptcy AdministratorsThrough the analysis of the advantages and disadvantages of the diligent and faithful judgment standards of various countries,this paper finally adopts the double standard of objective standards and subjective standards,which is based on the professional skills and careful attention that similar professionals should have in the class.At the same time,taking into account the higher standards of the bankruptcy administrator.Under the double standard,the specific content of the diligent and faithful obligation judgment standard is: based on the preservation and appreciation of the bankrupt property,the diligence obligation centered on the authority and the loyalty judgment standard centered on the improper interest.Chapter 3 Types of Ways for Bankruptcy Administrators to Diligently and Faithful DutiesThe abstraction of the concept of diligent and faithful duty is most suitable for the research approach from the empirical type,the logical type,to the normative type.To this end,the bankruptcy administrator's diligent and faithful case is taken as a research sample,and the eleven kinds of behaviors such as the bankruptcy administrator's promotion of bankruptcy proceedings,the review of bankruptcy claims,and the employment of staff are extracted from the case,and again after the first level of abstraction.Explain the elements of the review in each type of behavior and conduct a second level of abstraction.Chapters 4 and 5 The types and conditions of the bankruptcy administrator's diligent and loyal obligationsAccording to the connotation and judgment criteria of diligent and loyal duty,follow the third part of the division behavior,this part carries out a detailed theoretical analysis of the case sample.In the end,this paper proposes that the Bankruptcy Law revise the diligent and loyalty clauses,set out the specific criteria and principles of its judgment,and enumerate eleven kinds of violations,and implement the clauses by abstracting the specific behaviors.