Improve The Supervision Mechanism Of Insolvency Administrator In Our Country

Law of the People's Republic of China on Enterprise Bankruptcy has been taking effete on june1st 2007 , it's a big progress that bringing rules concerning Insolvency administrator into our country for the first time. In the bankruptcy procedure, Insolvency administrator takes over of the bankrupt enterprise and be responsible for investigation, management and disposition of the debtor's property, deciding the debtor internal management affairs, so the Insolvency administrator plays an important role in the bankruptcy procedure. Insolvency administrators can be diligent and faithful to their duties, for it relations to get fair pay off and the debtor's legitimate rights and interests, therefore, how to prevent bankruptcy abuse of power for private gain, avoid responsibility, ensure the fair and orderly bankruptcy procedure, it is particularly necessary for establishing the Insolvency administrator supervision system.There has been many supervision of the specific provisions in the new enterprise bankruptcy law in China for Insolvency administrator, such as adding the creditors' committee and then establish a diversified supervision subject ,but there still has been many shortcomings, such as lack of special administrative supervision institution, supervision and monitoring the subject in China with defects, bankruptcy legal liability system needs to be perfect etc. Bankruptcy supervision system also needs improvement. Except the preamble and epilogue outside ,this article is divided into four parts:The first part of the supervision system of Insolvency administrator discussed the basic theory, including Insolvency administrator supervision system concept and content, and on the analysis of the composition of supervision system, on the basis of bankruptcy proceedings from realizing fair and efficiency target, etc to perfect China's Insolvency administrator supervision system analyzes the necessity of.The second part of the major countries through the introduction about bankruptcy legislation supervision system, reviews the other countries of about Insolvency administrator supervision system, which can be used for reference.The third part analyzes the supervisory system of bankruptcy legislation present situation and existence deficiency, including deficiency include lack of special administrative regulators, external supervision and subject with defects and the legal responsibility each is yet to be perfected.The fourth part aiming at Insolvency administrator supervision system deficiency puts forward improvement Suggestions, including the establishment of special Insolvency administrator administrative organization (bankruptcy licensing) and self-discipline organization (Insolvency administrator association), establish Insolvency administrator market access system, perfect the external supervision mechanism and bankruptcy legal liability system.