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The Research Of Supervising Bankruptcy Trustee

Posted on:2009-07-02Degree:MasterType:Thesis
Country:ChinaCandidate:Y H LaoFull Text:PDF
GTID:2166360242974539Subject:Civil and Commercial Law
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"Bankruptcy Law " is issued on August 27 , 2006, which indicates significant improvement on the bankruptcy law. Meanwhile, the bankruptcy trustee system was introduced for the first time. The bankruptcy trustee wil take over debtor's assets completely and is responsible for managing and disposing the assets. As a result, the bankruptcy will have super power during the whole process. Some efficient supervision measures should be adopted to prevent bankruptcy trustee from figuring for self interest with the super power. The thesis inculed four parts besides the introduction part.Part I, introdustion of bankruptcy trustee system. Firstly, introduce the legal position of bankruptcy trustee, which includes the related theory in domestic and international, defination of trustee and the meaning of redefine the legal position of bankrupcy trustee. Secondly, discuss the meaning of banktruptcy trustee. Thirdly, analyze the improtance of supervising bankruptcy trustee.Part II , foreign bankruptcy superintend system. Firstly, introduce the international SuPervisory mechanism examples: United Kingdom , USA ,Germany and Japan; Secondly, analysing foreign supervisory mechanism. Thirdly, introduce the core of supervising the trustee-exterior supervisal.Part III, development and shortage of domestic bankrutcy trustee system. Firstly, review the bankruptcy trustee system of "Bankruptcy Law (tries out)" . Secondly, supervisory model of trustee in "Bankruptcy Law". Thirdly, expatiate the improvement of bankruptcy trustee supervisory mechanism. Last, analyzing the shortage of domestic trustee supervisory mechanis.Part IV , sugesstion to perfect the bankruptcy trustee system. Firstly, to define the legal position of bankruptcy trustee. Secondly, to form the exterior supervising. Thirdly, to details the interior supervisory rules. Fourthly, suggest to set up provisional trustee system; fifthly, to set the access qualification system of bankruptcy trustee; Finally , perfect the responsibility system.
Keywords/Search Tags:Bankruptcy trustee, SuPervisory mechanism, Legal obligations
PDF Full Text Request
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