On The Insolvency Administrator System

"PRC Enterprise Bankruptcy Law" has been in the June of this year formally introduced, no doubt, the insolvency administrator system is the focus of the Act. In this paper, from the insolvency administrator of origin insofar that the insolvency administrator originated from ancient Roman times, to comply with the judge at the request of creditors of the debtor to the possession Choi orders, order management should be released and allowed to occupy the debtor's creditors all property, other creditors may participate in the management of the debtor's property and to be allocated, the system that is the origin of the insolvency system. All through the insolvency administrator of the legal status of analysis that the common law doctrine of national bankruptcy trustee more reasonable, that the insolvency administrator's position should be made in accordance with provisions of the law directly, in accordance with the legal provisions of a bankruptcy trustee of the estate.Then, the paper on the operation of the insolvency administrator for the exposition. In this paper, the selection of the insolvency administrator to the principal, qualifications, time for analysis, drawn: the main selection, elected by the meeting of creditors to insolvency administrator, at the first meeting of creditors before the court elected interim insolvency administrator; Selection of qualification, taking the insolvency administrator vocational, special road; selection of the time, additional temporary insolvency administrator. Insolvency administrator is the right of the main rewards; Duties include general obligations and specific obligations.Secondly, the paper pointed out that a sound supervisory mechanism is the insolvency administrator fair, equitable protection from performing their duties, and as a successful system has been implemented in foreign countries for many years, but so far such a monitoring mechanism in China's bankruptcy law has yet to take shape, comparative analysis of foreign insolvency administrator on the basis of the supervision mechanism proposed China should pass: Internal Oversight, which directly provides that "attention to the obligations of a good administrator"; external oversight that China should set up a special oversight bodies - supervision; specific provisions effective oversight measures, that is the main given oversight supervision of the implementation of the necessary rights, insolvency administrator important matters reporting system, clear the legal responsibility of oversight, such as to build our country's supervision mechanism.Finally, this article reveals the system's insolvency administrator accountability mechanisms. Responsibility means that the violation of the obligations, the obligations of the insolvency administrator form of violation: violation of the obligation to carefully and faithfully the obligations violated; Violations of the obligation liability have three: civil liability, administrative liability, criminal liability, in the light of the insolvency administrator of civil liability is liability on the principal , the analysis in this paper focus on civil liability: the nature of the insolvency administrator of civil liability for infringement liability; Imputation in principle, the insolvency administrator of the innocent civil liability should apply the principle of the responsibility.