A Research On The System Of The Bankruptcy Administrator

China has, for the first time, introduced an international practice—the system of the bankruptcy Administrator in the newly implemented Law of the People's Republic of China on Enterprise bankruptcy, which will provide new conditions and space for the fair and efficient operation of the bankruptcy procedures. However as a new law and a new system, it needs a lot of corresponding measures and auxiliary to help achieve its ultimate purpose. Moreover, it will also need further exploration in both theory and practice. The article attempts to analyze and discuss the legal status, selection, rights, obligations and legal responsibilities of the bankruptcy administrator from the angle of the related judicial explanations of the Law with reference to the international theory and practice of the system. Based on the discussion, the author intends to propose that the bankruptcy administrator should be chosen by the bankruptcy consortium. Taking this as a basic point, we can improve the selection mechanism and increase the professional development of the bankruptcy administrator. As a result, the supervision of the bankruptcy administrator will be strengthened and the judicial intervention by the Court will be weakened. Thus the procedure of the enterprise bankruptcy will be further regulated and the lawful rights and interests of creditors and debtors will be well protected.