论破产法上债权人委员会的地位

On the Status of Creditors Committee in Bankruptcy Law

从其法律地位上说,我国破产法上的债权人委员会是破产程序中债权人自治的体现。债权人委员会不是破产程序的必设机关,是由债权人会议选任的代表机关,在破产程序中代表债权人全体之利益监督破产程序的进行。债权人委员会向债权人会议负责并报告工作,但它不是债权人会议的代理人,有自己的职权范围和权利义务。从其与管理人的关系上看,是监督与被监督的关系。债权人委员会与管理人发生矛盾和冲突时,应由法院作出决定。

A according to the Enterprise Bankruptcy Law of the People＇ s Republic of China, creditors commit- tee, in the sense of legal positioning, is the presentation of creditor autonomy in bankruptcy proceeding. It is not an indispensable institution in bankruptcy, but a representative party elected by creditors＇ meeting, who super- vises the process of bankruptcy on behalf of all creditors＇ interests. Though not being the agent of creditors＇ meeting, creditors committee is responsible and responsive to creditors＇ meeting, and holds power domain, rights and obligations of its own. The relationship between creditors committee and administrator is that between supervisor and supervisee, and the disputes between them should be adjudicated by court.