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《企业破产法》正式实施已有十年。在过去的十年间,破产管理人制度从无到有,管理人的执业水平显著提升、团队规模不断扩大、社会认同度明显增强。但不可否认,当前的破产管理人制度尚有许多缺陷和不足,其中管理人监管制度不完善是最为重要的内容。本文立足管理人执业现状,结合现行法律规定及司法实践,分析了管理人监管制度之缺陷。在此基础上,提出了建立债权人会议、法院、管理人协会、法律“四元”监管模式的处理思路,全方位破解管理人监管难题。
The Enterprise Bankruptcy Law has been in place for 10 years. In the past ten years, the system of bankruptcy administrators has grown up from scratch, the managerial level of practicing people has risen significantly, the team size has been constantly expanded, and social acceptance has been significantly enhanced. However, it is undeniable that there are still many defects and shortcomings in the current system of bankruptcy administrators. Among them, the imperfect supervision system of managers is the most important content. Based on the current situation of the manager’s practice, combined with the current laws and regulations and judicial practice, this article analyzes the defects of the supervisor’s supervision system. On this basis, we put forward the idea of establishing a regulatory framework for the meetings of creditors, courts, associations of supervisors, and the legal “quaternion ” supervision system so as to solve all the regulatory problems of managers.