The Consummation Of Bankruptcy Administrator Election System

Insolvency administrator system is the important content of bankruptcy law, the ability of handling bankruptcy affairs by bankruptcy administrator directly affect the completion status of bankruptcy proceedings . Electing competent insolvency administrator is of great significance to a fair, efficient bankruptcy procedure. Compared the liquidation group in old bankruptcy law with new bankruptcy law in China, The rules about bankruptcy administrator designation has obvious progress; In the new bankruptcy law ,the rules about the qualifications of bankruptcy administrator and the rules about the way that electing the trustee in bankruptcy are conducive to the preservation of bankruptcy administrator 's neutrality, independence and the professional, and ensure the bankruptcy procedure fairness and efficiency. However, Compared with the mature bankruptcy law in western developed countries, The bankruptcy law in our country has just started, There are many places need to perfect in the theory and practice. For example, the insolvency administrator's qualifications are disunity, the election way is not science, the court has extensive power in insolvency administrator selection process, the creditors'autonomy power is not fully embody, etc. This article based on the observation of bankruptcy administrator in relevant theory and practice,according to our country's present situation of bankruptcy, focuses on the analysis of insufficient in the process of outway of bankruptcy administrator, puts forward some advices sucha as sound program, strengthen the supervision, etc, aim to based on the quintessence of perfect way in foreign bankruptcy law, in combination with practice in our country, set up the scientific bankruptcy concepts of value and form a reasonable bankruptcy mechanism, in order to contribute to the the system's perfect of the our country's insolvency administrator system.This article is divided into four chapters except the preamble and conclusion.The first chapter stated some important affects influence bankruptcy administrator's election and insolvency administrator system from the angle of theory and reality,such as the bankruptcy procedure's properties, the insolvency administrator legal status,the insolvency administrator's power,etc.This paper expounds the content should focused on in the insolvency administrator selection practice through the analysis of the present implementation situation of bankruptcy law.The second chapter basically tells several typical types of electing insolvency administrator in the world now, analyzes the advantages and disadvantages of the typical types. At the same time,it makes a brief analysis of the insolvency administrator system's appropriateness of china through the analysis of the international administrator designation patterns and China's actual conditions of bankruptcy administrator system. The final part pointes the problems still need to perfect in the insolvency administrator selection.The third chapter is the key part of this passage. It mainly discusses the power of court, the defects of concentration of power and the aspects need to perfect in selection practice. In the practice, it also discusses the drawbacks of the bankruptcy law of china mainly from the bankruptcy administrator's qualifications, remuneration, responsibility and other important aspects.The fourth chapter of the issues involved in former three chapters, puts forward some advices respectively from two aspects: frist, perfect the insolvency administrator selection procedures;second, strengthen the selection supervision.