Shenzhen has introduced the preparation of the first domestic bankruptcy manager roster in China

On March 1, 2021, the "Regulations on the Personal Bankruptcy of the Shenzhen Special Economic Zone" officially began to implement. This is my country's first personal bankruptcy regulations. The regulations take the lead in filling in the gap in the domestic personal bankruptcy system, improve the orderly exit mechanism of the market entity, and build the construction. The four -in -one individual bankruptcy application system of "court trial, institutional management, manager execution, and public supervision".

On the same day, the Shenzhen Bankruptcy Affairs Management Agency, the first personal bankruptcy management agency, was established.

Shenzhen Bankruptcy Affairs Management Department undertakes the administrative function of personal bankruptcy affairs. Individual bankruptcy manager (hereinafter referred to as manager) has an independent legal status in the bankruptcy procedure. It is the main promoter of the bankruptcy procedure and the specific executor of the bankruptcy affairs. Supervision and execution and many important responsibilities. The management system of the manager covers the qualifications, responsibilities and performance requirements, behavioral standards, rewards and punishments, etc. It is the basic guarantee for the establishment of a professional and standardized manager team, which is related to the quality and efficiency of personal bankruptcy cases.

On August 11, Shenzhen's bankruptcy affairs management issued the "Administrative Measures for the Management of the Shenzhen Personal Bankruptcy Manager (Trial)" (hereinafter referred to as the "Measures"), and introduced the first domestic bankruptcy manager roster to prepare legal documents. The first domestic government agency establishes the legal system of the managers. The Measures will be implemented from September 1, 2022.

What is the significance of introducing the Measures? What is the scope of specifications? What major innovations?

Today, we invited Mr. Qi Lijie, an associate professor at the School of Law of Shenzhen University and the head of the Shenzhen University Bankruptcy Law Research Center.

Question: The Bankruptcy Administration issued the "Measures" today. Please share the background, necessity and significance of formulating the "Measures".

Associate Professor Qi Lijie:

The trial personal bankruptcy system is a pilot that the central government authorizes Shenzhen to build a comprehensive reform of the first -line demonstration zone with Chinese characteristics. The "Personal Bankruptcy Regulations of Shenzhen Special Economic Zone" is the "Basic Law" of Shenzhen's implementation of this task. The establishment of the Shenzhen Bankruptcy Affairs Management Department and undertaking the administrative function of personal bankruptcy affairs are one of the major innovations of the Regulations. According to the "Regulations", the positioning and specific responsibilities of the court, bankruptcy department, and manager are reorganized to form a scientific and reasonable bankruptcy case judgment and affairs management rights, "court trials, institutional management, manager execution, public supervision" The four -in -one personal bankruptcy handling mechanism.

In the field of corporate bankruptcy managers, other legal documents except the "Enterprise Banking Law" are basically formulated by the people's court. As a government -established institution, the Bankruptcy Administration has introduced legal documents for the preparation of the first domestic bankruptcy manager roster, creating a milestone in the development of the domestic bankruptcy law in order to strengthen the management of managers.

Question: Please introduce the main content and institutional innovation of the "Measures" again.

Associate Professor Qi Lijie:

The "Measures" establishes the basic system of regulating the various tasks of the Shenzhen Personal bankruptcy manager's register for the establishment of the bankruptcy administration. Starting the basic system of dynamic management of managers "can enter and out" to ensure the quality of the manager's team. In addition, the "Measures" also established a convenient measure to implement the "Regulations" in China that allows creditors to recommend managers' mechanisms. When it is clearly stipulated that when the bankruptcy agency releases the register of the manager, the basic situation, contact information, and performance of their duties can be issued at the same time. For information, provide convenience and reference for creditors to recommend managers.

Text/Figure: Sixinxuan, Bankruptcy Administration

Correspondent: Lin Ruixin, Cui Fengyuan

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