Studies On Legal Issues In Bankruptcy Trustee

Bankruptcy trustee is an institution or individual who is in charge of the management, liquidation, bankruptcy project initiating and executing of bankrupted property during the bankruptcy procedure according with the law. Bankruptcy trustee plays a very important role in bankruptcy procedure and is the focus of benefits conflict. It directly influences if the bankruptcy procedure could run fairly, squarely and effectively.Based on the analysis of bankruptcy trustee's regulations in every country, this article adopts comparative research method, combines the history of national bankruptcy law, compares the old and new bankruptcy laws in china; illustrates the details from the following perspectives.The preface introduces the history of our national bankruptcy law; the first part introduces the source of bankruptcy law, defines the concept of bankruptcy trustee and briefly introduces some theories about juristic status of bankruptcy trustee in other countries; The second part introduces the criteria of choosing and qualifying bankruptcy trustee, compares the old and new bankruptcy laws and details the regulations of new bankruptcy; The third part addresses the rights and responsibilities of trustee in bankruptcy in other countries and illustrates the responsibilities, rights and obligations of trustee in bankruptcy in China; The fourth part discusses the responsibilities of bankruptcy trustee with inappropriate behaviors and introduces the related juristic regulations; The fifth part, as the conclusion, generally summarizes bankruptcy trustee's juristic status, eligibility and choosing, responsibility and rights, and juristic obligation in new bankruptcy laws of china. The author's opinions are also included in this part.