管理人在破产程序中的职能分析-民商法学专业论文.docxVIP

Abstract Chinas new bankruptcy law is recognized as one of the highlights is the the liquidation group system administrator system to replace the old bankruptcy law. Administrator, specialized agencies in the bankruptcy proceedings to take full control of the debtors business and is responsible for the custody of the debtors property, clean up, valuation, processing and distribution services, guidance and supervision by the court established by law in the bankruptcy case acceptance. The Manager is a key role in the bankruptcy proceedings, insolvency laws give managers full duties and rights, China is no exception. Judgment and follow the order managers to perform their duties, the scope of its capacity to facilitate the control and supervision of the relevant stakeholders at the same time, countries most of the enactment of legislation or simple or complicated to enumerate provides managers the scope of the duties. Twenty-five of Chinas bankruptcy law the same manner enumerated provisions of the general duties of the Manager, these responsibilities include the preservation of the debtors property, handling legal matters relating to the debtor, to propose the convening of a meeting of creditors of the content. Manager duties in liquidation, reorganization and reconciliation procedures are not the same, although Chinas bankruptcy law to take a generalized concept of managers, but for the managers duties can not be unified enumeration shall be specified. Therefore, the bankruptcy law dispersed managers duties special provisions. Some of these special provisions applicable to the entire bankruptcy law, and some apply only to the liquidation or reorganization proceedings. Chinas bankruptcy law on the duties of the Manager made a full range of system requirements, but there are still some problems in some respects, to address these shortcomings in the legislation and judicial interpretation to be perfect. Is too large, the borrowing authority of the managers and major pro