Study On Bankruptcy Supervisory System

Bankruptcy administrator system is the inevitable requirement of going though bankrupt procedures. Bankruptcy administrator system plays the most important part in the bankrupt procedures of bankruptcy administrator-orientation .Whether the bankrupt procedures can be gone through fair and efficiently or not has a close relation with bankruptcy administrator. So bankruptcy administrator system has been defined by bankruptcy law of every country. Starting with analyzing the legal status of bankruptcy administrator, combined with the reality in china, this thesis studies the concrete contents of foreign bankruptcy administrator system in a comparative way and wakes the suggestions of perfecting bankruptcy administrator legislation in China.There are three parts in this thesis.The first part is the general introduction to bankruptcy administrator and there are two aspects in this part. First, it traces the origin, concept of bankruptcy administrator. Then it approaches the legal status of bankruptcy administrator, introduces and assesses several theories of the state bankruptcy administrators' legal status in Continent Legal System and British-American Legal System. and comments on the theory of the legal status of clearing group.The Second part is the study on foreign bankruptcy administrator system. First ,it introduces the appointment of foreign bankruptcy administrator including the main body, qualifications and procedures of appointment Secondly, it lists out the bankruptcy administrators' authorities and duties. Then it probes into the three kinds of foreign supervisory mechanism of bankruptcy administrator. Lastly, it analyses the remuneration, amount ,decisive may and remuneration source of bankruptcy administrators in the typically representative countries as well as the bankruptcy administrators' legal obligations which can't be indispensable in foreign bankruptcy law.The Third part is about perfecting the construction of bankruptcy administrator system in China. It is the foothold of the study on bankruptcy administrator system. First, it analyzes the existing defects of Chinese bankruptcy administrator system which includes irregular titles, unreasonable appointment system, indefinite duty remuneration, lack of supervision mechanism and empty legal obligations. Then it assesses the administrator system in Chinese New Bankruptcy Law , based on the reality in China, it makes the suggestions of perfecting bankruptcy administrator legislation: augmenting temporary administrators' building up qualifications management system of bankruptcy administrators being permitted into market, perfecting b supervision mechanism of creditor committee and defining administrators' remuneration and obligations.