System Of Bankruptcy Administrator

After entry into the 21st century, because of the gradual maturity of market economy and the need of state-owned-enterprise reform, more and more enterprises have been helped out through bankruptcy. Consequently, the conflict between this reality and disordered operation of bankruptcy procedures brought by defects of the legislative model and lag of rules of our bankruptcy law.So it is an urgent task for legislators to revise current bankruptcy law and enact a comprehensive, detailed and effective bankruptcy code, and, to accomplish this task as soon as possible, it is undoubtedly a basic work to make a fully investigation and detailed discussion on the important problems related to the law of bankruptcy and raise proposition to perfect it.For the above-mentioned reasons, this paper selects the bankruptcy administrator system for a systematic study and discussion.The first section of this paper proceeds with the investigation of history of bankruptcy administrator system. It expounds the origin of bankruptcy administrator system, gives a general introduction to specific bankruptcy administrator system of such countries like Germany, Japan, US and UK, etc, and makes summaries and comments on the history and status quo of our bankruptcy administrator system, thus it provides a solid theoretical foundation for the following discussion.In the second section, the author discusses the nature and status of bankruptcy administrator. On the basis of introduction, comparison andevaluation of various theories of legal systems of civil law and commonlaw, this paper comes up with the view point that it is appropriate for China to establish the bankruptcy administrator system with the trustee system as its core, it redefines the bankruptcy administrator and provides theoretical base point for the perfection of the bankruptcy administrator system in China.Finally, this paper sets a framework for the perfection of the bankruptcy administrator system. It puts forward some ideas and suggestions, which has practical meanings, on the establishment and improvement of the system of the election and dismissal, rights and obligations, and supervision mechanism of bankruptcy administrator.