Evaluation And Analyzation On Election System Of Bankruptcy Administrators Of China

Bankruptcy system is a legal system designed to liquidate debtor's assets and pay off the debt, thus it could guarantee the fair repayment of debt. It plays an important role in modern economy. In the beginning of the establishment of socialism merchandise economic system, Our country has started to draft enterprise bankruptcy. on《Law of the People's Republic of China on Enterprise Bankrupt Law( try the line)》was passed on December 2 in 1986 ,But after the reform process of our economic system has been furthered and private enterprises are becoming larger and larger,China's old bankruptcy system, which was established in the 1980's, has been out of date so it would hinder our economic development to a certain degree. Under such condition, a new bankruptcy law emerges to meet the demand of a new era on June 1 in 2007.The highlight of this law is the establishment of bankruptcy administrator system, which is completely new both in theoretical and practical fields. It is necessary to attach great attention to theory research of bankruptcy administrator system, so that we can grasp its essence and further develop it.Election system of bankruptcy administrators is an important component of bankruptcy administrator system. As the first step of bankruptcy administrator operation, the election of bankruptcy administrators determines not only administrators' responsibility, but also the supervision of administrators and the related systems. So the research work of the election system of bankruptcy administrators is of great importance both academically and practically. For the above-mentioned reasons, this paper focuses on the election system of bankruptcy administrators for a systematic study and discussion.The first part of this paper gives a general introduction to the concept, characteristics and status of bankruptcy administrators, and then provides a solid theoretical foundation for the following discussion.In the second part, the paper discusses the selection system of bankruptcy administrator via introduction, comparison and evaluation of both foreign and China's legislations and judicial decisions. To be more specific, the part deals with the following issue that how to select bankruptcy administrators,then discusses some of the problems in China's current Bankruptcy Law and the related judicial interpretations, and provides some advice on how to overcome these problems and perfect our legal system. In the third part, the paper discusses how to be selected as bankruptcy administrators. This part discussed problem in China's current—Whether to establish temporary dministrator system.Finally the paper focus on who could be selected as bankruptcy administrators, the qualification and number of would-be bankruptcy administrators,Then discusses some of the problems in China's current Bankruptcy Law and the related judicial interpretations, and provides some advice on how to overcome these problems and perfect our legal system,too.