On Problem Of Bankruptcy Assignee

In China, bankruptcy law currently applicable in the state has been in force for ten years since it was enacted. During the course of enforcement, as result of the warp of value of legislation and the tendency of law's administration, many abuses have emerged. Especially the regulations on method of empanelling, liquidation commission and rights and duties of liquidation commission, which acts leading pan in liquidating, administrating and distributing bankrupt's estate, are very different of modern legal system of bankruptcy assignee. In June,2004, Corporate Bankruptcy Law (Draft) was presented to Standing Committee of the National People's Congress to review. It specially regulates a chapter for system of bankruptcy assignee. The behavior of bankruptcy assignee's administrating, dealing with and distributing bankrupt's estate tightly relates with the degree of being liquidated of creditors. As one of the judges of basic-level people's court, after reading a great deal of relative literature, the author uses the title of On Problem of Bankruptcy Assignee---And About Relative Clauses of Draft of Bankruptcy Law and organizes the whole thesis from these aspects: the basic theory of modern system of bankruptcy assignee, the abuses about liquidation commission in the bankruptcy law in force, analysis of the clauses on bankruptcy assignee, the limitation andconstructive opinions. This thesis includes three parts. The first part is on the legal status and function of bankruptcy assign. The second part is on the empanelling and duties pf bankruptcy assignee. The third part is on the rights, obligations and responsibilitiesof bankruptcy assignee. Through discussing the author present some constructive opinions for court on procedure of empanelling bankruptcy assignee, concrete standard of verifying the reward of bankruptcy assignee, method of rendering practicing fee and concrete method of building data band of bankruptcy assignee.