Study Of Legal System Of Bankruptcy Administrator Of Our Country

Corporate Bankruptcy law is a crucial part of the relevant law systems which is to rule the activities of market entities under the context of market economy.It has been played an increasingly pivotal role in the national economic life and law systems.To date the global developed countries are all exploring the improving and perfection of bankruptcy law system.On the one hand,the bankruptcy law can control the damage caused to the creditor, the debtor and the relevantor,within a limited scope.On the other hand, bankruptcy proceedings can release the creditor,the debtor and the relevantor,reorganize the capital,optimize the resource allocation, promoting the healthy development of market economy.Therefore,the role of bankruptcy law in maintaining the social stability,promoting the healthy and sustainable development of economy is irreplaceable,compared with other law systems.In the whole proceedings of bankruptcy,the management and disposal to the asset of bankrupted enterprises is the key point,which guarantees the smooth undertaking of the whole bankruptcy proceedings, and it is a tough task which relates to the benefits of each relevantor.This task should be carried out by the specialised institutions and people,i.e., bankruptcy administrator.Bankruptcy administrator system is one of the important systems of bankruptcy law systems.The Bankruptcy administrator's status is rather crucial in the bankruptcy procedures,as the responsibilities and obligations it undertakes are the key guarantees to the legal benefits of bankruptcy creditors,debtors and other relevantor.An impartial,highly efficient and smooth execution of bankruptcy procedures are intimately subject to a bankruptcy administrator.To some extent,the overall bankruptcy proceedings are carried out around the activities of the bankruptcy administrator.Hence,it is of pivotal importance to establish an perfection bankruptcy administrator law system,which will play a vital role in achieving bankruptcy creditor's rights,and maintain the balance of each relevantor.The bankruptcy administrator system established in the new 2006's Bankruptcy Law,provided only a legal basis for the establishment of bankruptcy administrator system,as it is the first time for us to define the bankruptcy administrator system,we have an urgent and onerous task at this stage which includes the following aspects:how to stipulate detailed execution regulations on the basis of the legislative regulations so as to facilitate the bankruptcy law among the actual judicial practice;how to train up adequate bankruptcy management personnel so as to satisfy the objective needs of corporate bankruptcy;how to timely organise the relevant local and national associations,aimed to reinforce industry management and carry out coordination and international exchanges,etc.Based on the fact that it is the first time for China to define the bankruptcy administrator system and that the new 2006's bankruptcy law is general,the author of this essay has undertook a through study to some key problems in bankruptcy administrator system,through learning the experiences from abroad on development of bankruptcy administrator systems and acomparative analysis,The author combined our realistic national situation and focused on the guidance theory and legislative mode which is centred by protecting the benefits of the creditors with simultaneously considering the legal rights of the debtors and social benefits. On this basis the author has explored the legal status,the nominatival time and mode,the rights and responsibilities system,the professional system, the monitoring system.The author vows to contribute to the development and improving of domestic bankruptcy administrator system.