The Research Of Bankruptcy Administrator System

The bankruptcy law of enterprise(try out),which is the current bankrupt law of china was promulgated in 1986.At that time, our country was just at the beginning stage of the reform and opening, changing from planned economy system to market economy system. In addition, the ideologies of law from foreign countries got into china distinctly, and various ideologies collided with each other. Subject to the society condition and theoretical research of that time, our bankruptcy law has a lot of defects, the most notable of which is that we have not established a complete set of system of bankruptcy administrator. The bankruptcy administrator is at the core position in the bankruptcy law, which directly concerns the fairness and efficiency of the whole bankruptcy process. The imperfection of bankruptcy administrator system makes the whole bankruptcy procedure seem to have lots of loopholes. Some criminals even make use of the loopholes to escape the debt, and have achieved their goals after each try. Many people ironically call the bankruptcy law "the law to escape debts".Beginning from the origin and concept of bankruptcy administrator system, This paper investigates the lawmaking examples, studies the legal status of the bankruptcy administrator, his choose term procedure, solution term procedure, right and obligation, supervise system. This paper also compares this system to the system of China on clear up group, so as to find out our weakness and shortage, and, in accordance to the condition of our country, to provide some proposals on improving the bankruptcy administrator system of our country.The paper is divided into four sections:The first section gives an overview about bankruptcy administrator system. Firstly I research the origin of the bankruptcy administrator system. Then, investigate the choose term scope, choose term subject, job, rewards and responsibility and so on, commenting the main content of bankruptcy administrator system in details.The second section provides analysis and testimony about the legal position of bankruptcy administrator. Firstly, this paper investigates the theory concerning bankruptcy administrator abroad, then according to our bankruptcy law and practical circumstances, proves the argument that the legal position of settlement group is the special organization which is establish for bankruptcy clear up. This paper also points out the problems arising from the legal position of settlement group, for example, lack of neutralization. The professionalization of bankruptcy administrator is the key to solve these problems.The third section studies the supervising system about bankruptcy administrator. Firstly, this paper investigates the lawmaking examples abroad, and finds out that the foreign supervising system mainly includes exterior supervising system and internal supervising system about bankruptcy administrator. Compared to lawmaking examples abroad, this paper points out the shortage of supervise system of current bankruptcy law and the one that will take effect, and point out the direction for the reform in the aftertime.The fourth section discusses how to set up our bankruptcy administrator system. Firstly I illustrate the blemish of our bankruptcy administrator system, such as the unreasonableness of selection of clear up group, the Lack of supervise system of settlement group, the lack of temporary administrator, the lack of transparency with regard to rewards for bankruptcy administrator and so on. To resolve these problems, we should establish a temporary bankruptcy administrator system, perfect the choose term of bankruptcy administrator, establish a fixed system on rewards and responsibility of bankruptcy administrator, construct the supervise system for bankruptcy administrator, and then, establish a complete bankruptcy administrator system which complies with our country condition.