Research On The Bankruptcy Administrator System

The establishment of the bankruptcy administrator system is a necessity of carrying through bankruptcy procedure because whether the bankruptcy can be carried through fairly, efficiently, and successfully is closely related to the bankruptcy administrator. It can be said that the whole bankruptcy procedure is advanced by taking the bankruptcy administrator as central who plays a key role in the procedure. Therefore, the bankruptcy legislation of each country has defined the bankruptcy administrator system. This paper begins with the legal status and professionalism of the bankruptcy administrator, and then makes a comparative study on the concrete contents of the bankruptcy administrator system at home and abroad. At last, according to the actual situation of our country, the paper gives some advice to perfect our bankruptcy administrator system.This thesis is composed of five chapters besides the introduction.Chapter 1 is the summary of the bankruptcy administrator system. This chapter consists of three parts. The first part introduces the notion of the bankruptcy administrator and its different appellations in various countries. The second part analyzes the legal characteristics of the bankruptcy administrator. The third part discusses the legal status of the bankruptcy administrator by briefly introducing several statements on the legal status of the bankruptcy administrator, and then, starting form the value goal of the bankruptcy law, this part probes into the professionalism of the bankruptcy administrator.Chapter 2 is the Choosing and Appointing of the Bankruptcy Administrator. This chapter is divided into three parts which respectively discusses the manner, the scope, the time and the process of choosing and appointing of the bankruptcy administrator. Moreover, it analyzes how the overseas legislation and our bankruptcy law with the new judicial interpretation define the choosing and appointing of the bankruptcy administrator.Chapter 3 is the Responsibilities and Supervision of the Bankruptcy Administrator. This chapter consists of two sections. Firstly, it specializes the responsibility scope of the bankruptcy administrator. Secondly, it analyzes the three supervision systems of the bankruptcy administrator. Besides, the provisions of the responsibility and supervision of the bankruptcy administrator by our new bankruptcy law are also introduced.Chapter 4 is the Remuneration and Responsibility System of the Bankruptcy Administrator. It mainly talks about the remuneration right of the bankruptcy administrator, the grants subject of the remuneration, the standard of the remuneration, and the time and the manner of payment. It also includes the provisions of the remuneration of the bankruptcy administrator by our new bankruptcy law with the judicial interpretation.Chapter5, the Perfection of the Bankruptcy administrator System in China. This chapter deals with the stay point of the bankruptcy administrator system. Above all, it makes an overall analysis of our bankruptcy administrator system: it has used the appellation of "management party" and embodied the characteristics of professionalism and paid attention to the connection between old and new bankruptcy laws. However, there still exit many problems in our bankruptcy administrator system. For instance, certified qualification management system is deficient; responsibilities need improving; the supervision system needs to be reified; the responsibility system is not mature. In order to perfect our bankruptcy administrator system, the paper gives such advice as improving the choosing and appointing of the bankruptcy administrator, establishing certified qualification management system if conditions allow, endowing the bankruptcy administrator with emergency power, applying to the court to force the debtor to hand over his property and related documents according to the acceptance ruling and appointed written decision, reifying the supervision of the creditors' conference and creditor committee, specializing the situations under which the management party may bear the liability of damages, and defining the administrative liability and criminal liability of the bankruptcy administrator.