宪法视角下破产管理人选任与监督机制的完善

On the Perfection of the Appointment and Supervision Mechanism for the Bankruptcy Administrator System from a Perspective of the Constitution Law

针对已运行三周年的破产管理人制度中涌现出来的弊端,以破产管理人制度中所涉及的三方主体即债权人会议、破产管理人、人民法院为基数,参照宪法中相关体制的规定做类比模拟,得出三个类比式。进而推出破产管理人制度的核心在于其选任与监督机制的完善。最后提出与现行法律规定相交叉的建议,即应当将选任权交由债权人会议行使,而监督权交由人民法院行使。

Aimed at the disadvantages gradually appeared in the system of bankruptcy administrator which has been performed three years,and based at the three parties concerned,namely,the creditors＇ conference,the bankruptcy administrator,the court;compared with the related regulations in the Constitution Law,three analogies has been deducted.The conclusion comes that the core of the system of bankruptcy administrator lies in the perfection of its appointment and supervision.Finally the suggestion which is contract to the current regulations has come out,namely the right to choose and appoint should be assigned to the creditors＇ conference,while the right to supervise should be assigned to people＇s court.