DIP模式和管理人模式视角下破产重整管理人之权利义务研究

Abstract

Reorganization System was incorporated in the Enterprise Bankruptcy Law of the People's Republic of China in 2006 as an important system for rebirth of bankrupt enterprises. Needless to say, Being the core of the bankruptcy process, bankruptcy administrator is the key to successful delist or reorganization of the enterprise. However, that bankruptcy law did not set a special administrator for the reorganization process. The provisions of bankruptcy law on the rights and obligations of the administrator in the reorganization process are simply too rough to meet the needs of practice. Reorganization is different, and often more difficult than liquidation. Thus, higher requirements are set for managers. Under different management modes, the rights and obligations of managers are also different. The establishment of a reorganization manager is not only conducive to the rebirth of reorganization, but will also inspire a large number of qualified reorganization managers. As a result, the rights and obligations of managers under different modes should be clearly defined to prevent the situation where the rights and obligations are ambiguity in practice. This paper will analyze the difference between two modes of bankruptcy, the DIP model and the manager model. Based on comparation and analyzation of the legal positions of managers under two modes, we can learn from foreign legislation on the rights and obligations of managers, and summarize the rights and obligations of managers under different modes. Finally, it gives sound suggestion for improving rights and obligation. It is hoped that through a series of concepts, theories, and the elaboration of foreign legislation, the rights and obligations of the administrator, will be clearly reorganized.