The Legal Status Of Bankruptcy Administrator

The system of bankruptcy administrator is very important in national bankruptcy law,and in which the legal status of bankruptcy administrator is more significant as the basic issue.So we can say that,defining the character and status of bankruptcy administrator is the main parameter of bankruptcy procedure,especially the legal relationships with the creditors' meeting,court and debtors which embody the character of bankruptcy administrator.At the present time,the law of China on enterprise bankruptcy has been implemented,and bankruptcy administrator substituted the liquidator organization which suffices the basic system of bankruptcy law.But how to exert the function of bankruptcy administrator will be a long-term task,and it is also a big theory problem whether the bankruptcy law will achieve the legal aim.About the legal status of bankruptcy administrator,the countries in civil law system have multifarious theories which can't be unification; while the countries in common law system basically agree with the theory of bankruptcy trustee.In our country there are also a lot of theories.With the new bankruptcy law coming into force,obviously domestic theories have hung behind the legal norm.Therefore,there is necessary to logically confirm the legal status of bankruptcy administrator.The first section of this thesis introduces the conception and the origin of bankruptcy administrator,and concretely compares the different significations of "liquidator organization" and "bankruptcy administrator" which are respectively contained in the old bankruptcy and the new one. Afterward,the author investigates the diverse appellation of bankruptcy administrator in different countries to avbid falling into confusion when they are used.The second section primarily introduces many theories about the legal status of bankruptcy administrator which contain the theory of agency,the theory of duty,the theory of trustee,the theory of special organization and so on.At the same time,the author analyzes and appraises these primary theories so that they can help author to confirm the legal status of bankruptcy administrator.The third section pinpoints the legal status of in our bankruptcy law.It proceeds with two aspects which are the internal legal nexus and the lawsuit rights of bankruptcy administrator.The author particularly discusses the rights and obligations among the bankruptcy administrator, court,creditors' meeting and debtor in substantive law,and also expounds the status and rights of the in the lawsuit procedure.Subsequently,the author summarizes the bankruptcy administrator sits on the fence in the substantive system and comparatively independents in the procedure. Ultimately,the conclusion of the status of bankruptcy administrator is the independently legal special organization.