Studies On Legal Issues In Bankruptcy Trustee

Bankruptcy is the inevitable outcome of market competition, and is also an important channel to optimize the allocation of resources. Bankruptcy trustee Participate in bankruptcy proceeding, taking responsibility of estate possessing, managing and disposing, playing an important part in the bankruptcy proceedings. Weather or not the procedure of bankruptcy can proceed fairly and efficiently has direct connection with the perfection of system bankruptcy trustee. But under the specific social backgrounds, there exist obvious defects and limits in the system of bankruptcy trustee in our bankruptcy law. the article tries to discuss the cause of them by examining the value of the bankruptcy law .base on taking advantage of foreign advanced experience, suggestion are rendered on the perfection of our system. the article analyze this issue in following aspects:The preface introduces the purpose of this study, and research background.The first part introduces the origin of the bankruptcy trustee's system, writer think"the property custodian system"is the source of modern bankruptcy trustee's system through the historical method; Second, the writer makes clear of the concept of the bankruptcy trustee, describes the differences between two legal systems, and show the details of legislative of our bankruptcy called it. In order to keep conceptual consistency, writer suggest our country should change " the manager" to" bankruptcy trustee". in our "Bankruptcy Law". then writer analyzes the necessity for establishing the bankruptcy trustee's system; through comparative analysis, author gives brief review of the domestic and foreign Theory on the position of bankruptcy trustee, writer should definite bankruptcy trustee with property trustee in our bankruptcy law.The second part, the writer gives the specific analysis of the bankruptcy trustee's system from the bankruptcy trustee of the selection, supervision, and legal liability. For the length limit, the author discusses the problem on selecting the bankruptcy trustee in two aspects: Criteria of bankruptcy trustee and qualify bankruptcy, and show comprehensive review about it. Writer give a comprehensive exposition about"dual monitoring mechanism"in our country under brief introduce abroad legislation .finally in the aspect of legal responsibility ,after summing up abroad legislation, writer give a comprehensive analysis of legal liability in our bankruptcy law, and also point out the deficiencies.The third part, by absorbing the foreign experience, writer gives some improvement suggestion to solve the problems in the new bankruptcy law's bankruptcy trustee selection, supervising and legal responsibilities.