Research On The Responsibility System Of Bankruptcy Administrator

According to the data released by the Supreme People’s Court,the number of bankruptcy cases has been increasing year by year since 2007,especially from 2015 to 2021,the annual increase of bankruptcy cases has doubled in a linear fashion.Between 2017 and 2021,the number of bankruptcy cases accepted and concluded by courts at all levels accounted for more than half of all bankruptcy cases since courts began to accept bankruptcy cases.The responsibility of the bankruptcy administrator is standardized,specific,detailed and clear,and the typical problems existing in the current bankruptcy procedure practice are found and solved.The improvement of these aspects will help promote the development of the bankruptcy procedure,enable the administrator and the court to work together and uphold the concept of justice and efficiency to complete the bankruptcy case.At present,it is urgent and imperative to guide the bankruptcy administrator to complete the task with purpose and due diligence.On the basis of summarizing the responsibility system of the bankruptcy administrator,this paper discusses the defects of the system which need to be solved urgently,and puts forward my own unique views on the places which need to be improved.This is for our country to adapt to the "bankruptcy heat",the bankruptcy manager has clear detailed responsibilities to make guidance in the process of performing the duty,as well as in the process of due responsibility to protect their own life and property safety,avoid their own legal liability risk provide reference basis,play the role of the responsibility system in the bankruptcy manager to stimulate the new force and creativity in the market economy.This paper consists of five parts,including the introduction,the following three parts and the conclusion:The second chapter of this paper first carries on the theoretical expression of the bankruptcy proceedings administrator,introduces the concept of the bankruptcy proceedings administrator and different theories,the emergence time of the administrator,the selection mode of the administrator and the summary of the composition of the administrator.This part focuses on the basic situation of the bankruptcy trustee,which provides solid theoretical basis for the research in the bankruptcy trustee of our country.Secondly,detailed study and list the general responsibilities of the bankruptcy administrator,as well as the special responsibilities in the bankruptcy reorganization,bankruptcy settlement,bankruptcy liquidation procedures,and from the criminal liability,civil liability and administrative liability analysis of the administrator may bear the responsibility.Chapter three on the basis of understanding the research situation in the duties in bankruptcy manager abroad and at the same time,basing on the newly revised 2006 enterprise Bankruptcy Law,combining with the concrete implementation situation in bankruptcy manager system,analyzes some specific typical problems in the duties in manager and the performance of the duties as well as the supervision in manager at present.It mainly includes the following problems: first,in the bankruptcy proceedings,the legal responsibility of the manager is set rough,the court and the manager’s responsibility is unreasonable,the bankruptcy proceedings of the proletariat can break the enterprise without legal protection,the manager team personnel configuration is single.Second,the manager does not stand in a neutral legal position to perform management duties,managers in the process of performing their duties to the criminal behavior of debtors or creditors of the enterprise indifferent attitude.Third,at present,the legal supervision of the administrator in the bankruptcy management responsibility system of our country becomes a formality.The fourth chapter aims at the specific problems raised in the third chapter,and the author gives specific suggestions for improvement based on the reality of China’s legal environment.There are mainly the following points:First,in terms of duty allocation,the legal liability system of the bankruptcy administrator should be perfected first,including the premise and limit of the legal liability of the administrator,and the liability can be reduced by the post-relief measures.Secondly,the existing duty allocation structure of court and manager should be changed to advocate that the court should be the supervisor and the manager should be the dominant one.Thirdly,a manager compensation foundation or a public service organization should be established.Finally,we should improve the personnel allocation of the management team,extensively include professionals from all aspects,and form a professional personalized bankruptcy management team according to the particularity of the enterprise.Second,in the performance of duties,the manager should fully balance the interests of all parties,prudently exercise power,take into account the rights and interests of creditors and the protection of the interests of enterprises applying for bankruptcy,and establish a multi-party mutual benefit mechanism.After taking over the bankrupt enterprise,if the administrator finds that the enterprise has committed crimes before it is taken over by the administrator,he shall have the responsibility to report;If an enterprise is found to have been taken over by the manager and its employees premeditated crimes related to enterprise assets during the management process,the manager shall bear the responsibility of persuading the enterprise to stop the criminal acts and reporting.Third,in terms of supervising the administrator,the responsibility system of the bankruptcy administrator should introduce specific supervision standards and guidelines for the responsibility of the administrator,including personnel composition supervision,property control supervision and other duty behavior supervision.The responsibility system of bankruptcy administrator should establish the manager performance evaluation system,and set up reward and punishment mechanism,including the establishment of team performance evaluation system and reward and punishment mechanism,the establishment of individual performance evaluation system and reward and punishment mechanism.This paper studies the duties of the bankruptcy administrator through the literature method,and aims to sum up the reference provisions for the bankruptcy managers to perform their duties in practice,analyze the typical problems existing in the managers and give personal suggestions.This paper aims to provide some guidance for managers to conscientiously and responsibly perform their duties in the process of managing bankrupt enterprises,provide some useful suggestions for improving the unified performance standards of the current bankruptcy administrators as far as possible,reduce the influence of the bankruptcy administrators due to their different cognition and practice experience,and make a modest contribution to the perfection and perfection of the bankruptcy administrators’ responsibility system.It provides reference value for the revision of Enterprise Bankruptcy Law in the future.