论我国企业破产重整中管理人的职责
发布时间：2019-03-16 19:11
【摘要】：在我国破产制度中引进管理人的概念,标志着破产制度迎来了新的发展,是破产程序得以继续进行的推动力。同时,从债务人角度来说,管理人制度对其财产进行有效管理,保护了其合法权益。此外,有效平衡了其与债权人之间的关系。所以,明确管理人的中心作用,对其职责和管理范围进行详细描述,可以促进破产的进程,同时有助于债务人合法利益的保护。我国法律开始规范破产重整制度以及重整管理人的职责,这是本文的研究背景,文章通过介绍相关制度之后,开始研究管理人在企业破产中所承担的相关职责,这也是文章的研究重点。其中,本文就破产重整阶段中管理人的职责进行论述及探讨,期望能够探析出重整阶段管理人应该有的职能。在此基础上,对管理人制度存在的问题有针对性的给出解决措施。本文分成四大部分,分别是:第一部分是“重整管理人职责体系”,该部分主要介绍相关概念,以及这些概念在我国法律中的发展过程,其目的是引出相关制度,引出下文对这些制度的研究。第二部分是“我国破产重整中管理人职责制度的存在问题”,结合司法实践和实务案件,阐述管理人制度在现实生活中存在的不足。第三部分是“外国破产重整管理人的职责借鉴”,本部分内容旨在了解认识外国关于破产重整中管理人职责的立法规定,寻找是否适合我国的立法规定。第四部分是“完善我国破产重整管理人职责”,这部分是文章的重点内容,主要是结合文章的相关内容,针对性的提出解决措施:一方面要总结梳理已经积累的理论知识,在理解制度上做到一致,防止出现理解偏差。另一方面要在已有的研究成果和现行法律的基础上,创新思维,借鉴其他法律的经验,然后结合对企业破产的认识,提出解决不足的意见建议。总结部分,该部分总结全文,再次强调笔者的观点,是笔者对“如何解决我国企业破产重整中管理人制度存在的不足”而进行的总结发言。
[Abstract]:The introduction of the concept of administrator in China's bankruptcy system indicates that the bankruptcy system has ushered in a new development and is the driving force for the continuation of bankruptcy proceedings. At the same time, from the debtor's point of view, the administrator system effectively manages its property and protects its legitimate rights and interests. In addition, it effectively balances its relationship with creditors. Therefore, clarifying the central role of the administrator and describing its responsibilities and scope of management in detail can promote the process of insolvency and help protect the legitimate interests of the debtor at the same time. The law of our country begins to regulate the bankruptcy reorganization system and the responsibility of the reorganization administrator, which is the research background of this paper. After introducing the relevant system, the article begins to study the relevant responsibilities of the administrator in the enterprise bankruptcy. This is also the research focus of the article. Among them, this paper discusses and discusses the duty of administrator in the stage of bankruptcy reorganization, and expects to find out the functions that the manager should have in the stage of reorganization. On this basis, the problems existing in the administrator system are targeted to give solutions. This article is divided into four parts, respectively: the first part is "reorganization manager responsibility system", this part mainly introduces the related concepts, as well as the development process of these concepts in the law of our country, the purpose of which is to introduce the relevant system, Leads to the following study of these systems. The second part is "the existing problems of administrator's responsibility system in bankruptcy reorganization of our country", combined with judicial practice and practical cases, this paper expounds the deficiency of administrator system in real life. The third part is the reference of the duty of the foreign insolvency reorganization administrator. The purpose of this part is to understand the foreign legislative provisions on the administrator's duty in bankruptcy reorganization, and to find out whether it is suitable for our country. The fourth part is "perfect our country bankruptcy reorganization administrator duty", this part is the key content of the article, mainly combines the relevant content of the article, puts forward the solution measure pertinently: on the one hand, we should summarize and sort out the accumulated theoretical knowledge, Achieve consistency in understanding system to prevent deviation of understanding. On the other hand, on the basis of the existing research results and current laws, we should innovate our thinking, draw lessons from the experience of other laws, and then combine with the understanding of enterprise bankruptcy, put forward some suggestions to solve the problems. The summary part, this part summarizes the full text, emphasizes the author's viewpoint again, is the author carries on the summary speech to "how to solve our country enterprise bankruptcy reorganization administrator system existence deficiency".
【学位授予单位】：贵州大学
【学位级别】：硕士
【学位授予年份】：2016
【分类号】：D922.291.92
，
本文编号：2441886
[Abstract]:The introduction of the concept of administrator in China's bankruptcy system indicates that the bankruptcy system has ushered in a new development and is the driving force for the continuation of bankruptcy proceedings. At the same time, from the debtor's point of view, the administrator system effectively manages its property and protects its legitimate rights and interests. In addition, it effectively balances its relationship with creditors. Therefore, clarifying the central role of the administrator and describing its responsibilities and scope of management in detail can promote the process of insolvency and help protect the legitimate interests of the debtor at the same time. The law of our country begins to regulate the bankruptcy reorganization system and the responsibility of the reorganization administrator, which is the research background of this paper. After introducing the relevant system, the article begins to study the relevant responsibilities of the administrator in the enterprise bankruptcy. This is also the research focus of the article. Among them, this paper discusses and discusses the duty of administrator in the stage of bankruptcy reorganization, and expects to find out the functions that the manager should have in the stage of reorganization. On this basis, the problems existing in the administrator system are targeted to give solutions. This article is divided into four parts, respectively: the first part is "reorganization manager responsibility system", this part mainly introduces the related concepts, as well as the development process of these concepts in the law of our country, the purpose of which is to introduce the relevant system, Leads to the following study of these systems. The second part is "the existing problems of administrator's responsibility system in bankruptcy reorganization of our country", combined with judicial practice and practical cases, this paper expounds the deficiency of administrator system in real life. The third part is the reference of the duty of the foreign insolvency reorganization administrator. The purpose of this part is to understand the foreign legislative provisions on the administrator's duty in bankruptcy reorganization, and to find out whether it is suitable for our country. The fourth part is "perfect our country bankruptcy reorganization administrator duty", this part is the key content of the article, mainly combines the relevant content of the article, puts forward the solution measure pertinently: on the one hand, we should summarize and sort out the accumulated theoretical knowledge, Achieve consistency in understanding system to prevent deviation of understanding. On the other hand, on the basis of the existing research results and current laws, we should innovate our thinking, draw lessons from the experience of other laws, and then combine with the understanding of enterprise bankruptcy, put forward some suggestions to solve the problems. The summary part, this part summarizes the full text, emphasizes the author's viewpoint again, is the author carries on the summary speech to "how to solve our country enterprise bankruptcy reorganization administrator system existence deficiency".
【学位授予单位】：贵州大学
【学位级别】：硕士
【学位授予年份】：2016
【分类号】：D922.291.92
，
本文编号：2441886
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