Goes Bankruptcy Administrators Legal Status Research To Our Country

Bankruptcy Administrator Program is an important part of Bankruptcy Law. To study this program, a proper understanding of the legal status of Bankruptcy Administrator is of primary significance. Aimed at this, the thesis discusses the legal status of Bankruptcy Administrator and its guiding significance for judicial practice from the following five aspects.The first part discusses why the legal status of Bankruptcy Administrator should be studied, focusing on the Bankruptcy Administrator Program's importance to bankruptcy procedure, and the importance of the definite Bankruptcy Administrator's legal status to the implementation of the Program.The second part concerns how to study Bankruptcy Administrator system. With a comparative approach, it systematically studies foreign documents about the legal status of Bankruptcy Administrator, as well as domestic statements about the status of bankruptcy liquidation team, in addition to a review of relevant stipulations about the Administrator in Law of Bankruptcy.The third part, after a comparative study of the stipulations about Bankruptcy Administrator in Law of Bankruptcy, reaches the conclusion that Bankruptcy Administrator is the trustee in fiduciary relation, and that part of his rights and obligations are directly stipulated by law in view of his identity. Considering the legal status of Bankruptcy Administrator, the fourth part, the central part of the thesis, suggests some guidelines for selecting the Bankruptcy Administrator, payment and supervision. The fifth part puts forward some proposals regarding perfection of present Bankruptcy Administrator Program, with the hope that they would be of referential values for legislative agency and Supreme Court to make relevant stipulations and legal interpretations.