Comparative Studies On The Celebration System And The Supervising Mechanism Of Bankruptcy Administration

On June 1, 2007, "the People's Republic of China Enterprise Bankruptcy law" was executed, it had stipulated bankrupt administrator system, this is our country uses bankrupt administrator system for the first time. The bankrupt administrator is refers to the execution specialist who carries on the property management, the punishment, the management as well as draws up the bankrupt plan in the bankrupt procedure.In view of the fact that the administrator system is the system which our country bankruptcy law establish for the first time, and it has the irreplaceable importance in the bankrupt procedure, this article mainly conducts the research from the following several aspects to the administrator system.Part I : Bankrupt administrator's outline. Is mainly criticizes in our country's administrator system and the old bankruptcy law the group system to carry on the comparison, thus demonstrated its superiority and the importance, then through the UK-US legal system and the mainland legal system's comparison, carry on the elaboration to administrator's legal status.Part II: Bankrupt administrator's celebration. The author uses comparison method, appoints the system to various countries' bankruptcy administrator to carry on the analysis, mainly from the scope, the professional qualifications to confirm that to celebrate the main body as well as the time of the celebration, and goes bankrupt in the procedure administrator according to each state-run legal regulation to our country to celebrate, then puts forward some proposals.Part III: Bankrupt administrator's responsibility. To rallies in the procedure, the conciliatory procedure as well as the settlement procedure administrator's concrete responsibility carries on the multi-analysis, and compare it to American, to the British bankruptcy law's administrator's responsibilities, puts forward the innovative proposal through the comparison to our administrator's responsibility in our country.Part IV: Bankrupt administrator supervising mechanism. This part first carries on the summary analysis to various countries' administrator's supervising mechanism, then seeks to administrator's supervising mechanism of our country, in the question carries on the analysis, finally aims at the question of administrator's supervising mechanism exists in our country, then propose the suggestion to consummate the system.