Research On The Bankruptcy Trustee System

Enterprise bankruptcy is the result of the market competition.Meanwhile,it's also an important means of perfecting and making best use of the resources in th market and an efficient boost to improve the market competition.During the bankrupt procedure,the bankruptcy trustee will participate in the acceptance,management, disposal and distribution of the bankrupt properties,thus it is playing a very important and irreplaceable role in the bankrupt procedure.The improvement of the bankruptcy trustee system is closely related to the execution of a fair,organized and efficient bankrupt procedure as well as the realization of the purpose of the bankruptcy system.Nowadays,the bankruptcy trustee system is regulated in every country's bankruptcy law."PRC Enterprise Bankruptcy Law"has been formally introduced in the June of 2007.To make sure the efficiency of the bankruptcy procedure,the Supreme People's Court constitutes three judicial interpretation:appoint bankruptcy trustee,confirm the fees of bankruptcy trustee,and how to connect the old and new bankruptcy law.It's the significant success of our legislation.However,as a system from abroad,there are some shortages in our bankruptcy trustee system.Based on the analysis of legal status of bankruptcy trustee,this essay aims to put forward some suggestions regarding the legislation of the bankruptcy trustee system in China by the comparison with the similar systems of other courtries and the present situation in China.This essay has five chapters except preface:Chapter one,summarization of the bankruptcy trustee system.Firstly,it introduces the origin and development of the bankruptcy trustee system.Secondly,it introduces the development of China's liquidation team to bankruptcy trustee system.Chapter two,the legal status of the bankruptcy trustee.Firstly,by comparing the theories on the legal status of bankruptcy trustee in countries of two legal systems,it introduces the theory about bankruptcy trustee of Anglo-American legal system.Then,combining our country's theories on legal status of bankruptcy trutee and legislation situation,it analyzes the possibility to use the theory of bankruptcy trustee in China.Chapter three,appointing bankruptcy trustee.It includes the qualifications,time to appoint,subject to appoint,range and numbers of bankruptcy trustee.And it introduces the legislation on the issue both in China and abroad.Then,it introduces the rights and obligations of bankruptcy trustee.Chapter four,supervision system of bankruptcy trustee.By making a comprehensive view on the world's bankruptcy law,this part discusses the supervision system of our bankruptcy trustee.Chapter five,suggestions to the improvement of bankruptcy trustee system in China.It includes three parts:improve the system of appointing bankruptcy trustee,establish official trustee and the system of bankruptcy trustee's qualification; improve the supervision system;improve the liability system from civil liability, criminal liability and administrative responsibility.