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학술논문회생법학2024.06 발행

Research on the Rights Protection of Bankruptcy Administrators in Performing Their Duties

Research on the Rights Protection of Bankruptcy Administrators in Performing Their Duties

唐红(School of Artificial Intelligence Law, Southwest University of Political Science and Law); 向陈(School of Artificial Intelligence Law, Southwest University of Political Science and Law)

28호, 235~259쪽

초록

With the development of the market economy, corporate bankruptcy cases are increasing, and bankruptcy administrators play a crucial role in the bankruptcy process. In actual bankruptcy proceedings, bankruptcy administrators face multifaceted pressures and obstacles from various parties and institutions while performing their duties. In practice, the rights of bankruptcy administrators are often not well protected, making it difficult for them to fulfill their duties. This article first analyzes the legal status and responsibilities of bankruptcy administrators as well as the challenges they face in the bankruptcy process. Then, from the perspective of rights protection, it discusses the rights that bankruptcy administrators should enjoy during the performance of their duties, including the right to obtain information, investigation rights, property disposal rights, etc., and analyzes the obstacles these rights may encounter in actual operation. Through a systematic analysis and summary of the difficulties encountered by bankruptcy administrators in performing their duties, combined with the experience of local courts or bankruptcy administrator associations, this article attempts to put forward feasible suggestions for improving China's bankruptcy administrator's duty performance guarantee system.

Abstract

With the development of the market economy, corporate bankruptcy cases are increasing, and bankruptcy administrators play a crucial role in the bankruptcy process. In actual bankruptcy proceedings, bankruptcy administrators face multifaceted pressures and obstacles from various parties and institutions while performing their duties. In practice, the rights of bankruptcy administrators are often not well protected, making it difficult for them to fulfill their duties. This article first analyzes the legal status and responsibilities of bankruptcy administrators as well as the challenges they face in the bankruptcy process. Then, from the perspective of rights protection, it discusses the rights that bankruptcy administrators should enjoy during the performance of their duties, including the right to obtain information, investigation rights, property disposal rights, etc., and analyzes the obstacles these rights may encounter in actual operation. Through a systematic analysis and summary of the difficulties encountered by bankruptcy administrators in performing their duties, combined with the experience of local courts or bankruptcy administrator associations, this article attempts to put forward feasible suggestions for improving China's bankruptcy administrator's duty performance guarantee system.

발행기관:
한국채무자회생법학회
DOI:
http://dx.doi.org/10.51617/karbl.2024.28.235
분류:
법학

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