Legal Research Of The Bankruptcy Trustee System In China

Bankruptcy Trustee is an important part in our Bankruptcy Law.It is short time for judicial practice in China.Many issues need to be further clear and perfect.Therefore,to study the bankruptcy trustee with the modern socio-economic development and practical needs in China is extremely important.Based on theory and practice of China's bankruptcy trustee,aimed at improving the system of our bankruptcy trustee,to provide greater space for the development of a modern market economy and corporate insolvency rectification.Based on the history of the bankruptcy trustee system,the definition of the concept,the nature of the analysis and comparison with related systems,has laid a theoretical foundation for the study.Bankruptcy trustee in the legal status of that,it will be defined as the legal status of bankruptcy liquidation for the special agency,set up to better reflect the values of the insolvency legislation.Through comparative analysis of court selecting,creditor meeting selecting and the combination of court selecting and creditor meeting selecting,this issue propose that our country should adopt the legislative mode of the dual track system while legislating and point out that our country should stipulate the trustee's positive and passive qualification.China's current bankruptcy law can take approach outlined to make up for the inadequacy about the general obligation too simple.At the same time,the misconduct of our insolvency administrator should bear the corresponding legal responsibility.Finally,for the ultimate goal of writing this article,the related legislative proposals,and try to be the corresponding provisions of the legislative proposals,wish this paper can be beneficial to the bankruptcy trustee's system in our country.