Research On Supervision Mechanism Of Bankruptcy Managers In China

China’s new bankruptcy law was enacted on August27,2006, and came into effect on June1of the year following. The new bankruptcy law has many improvements compared to the old bankruptcy law, its biggest highlight is the introduction of the system of international insolvency administrator. The insolvency administrator shall participate in the bankruptcy proceedings in accordance with the law, they are responsible for management and dominion of bankruptcy property and play an integral role in the entire bankruptcy proceedings. Insolvency administrator to perform the duties of impartiality, objective or not is directly related to the interests of the bankrupt and creditors and the process of bankruptcy proceedings. Therefore, in order to make excise of powers of the insolvency administrator impartially and reasonably, to avoid corruption and power abuse, we must establish a perfect mechanism of supervision of the insolvency administrator. It has important theoretical and practical value that we study how to improve our the insolvency administrator oversight mechanisms. In addition to the introduction and conclusion, this paper is divided into three parts.The first chapter demonstrates the theoretical basis of the insolvency administrator oversight mechanisms. Firstly, it expounds the need to strengthen the construction of our insolvency administrator oversight mechanisms. Secondly, it explores practical significance to strengthen the insolvency administrator oversight mechanisms.The second investigates the insolvency administrator oversight mechanisms of common law countries and civil law countries from the comparative perspective. And the inspiration by comparison is to set interim insolvency administrator system; to introduce the system of insolvency administrator secured with property; to establish insolvency administrator vocational qualification system and develop the insolvency administrator Association; to define bankrupt crime in the Penal Code.The third chapter analyzes the status of our insolvency administrator oversight mechanisms, and propose recommendations to improve the mechanisms. Firstly it introduces supervision legislative status of China’s insolvency administrator; Secondly it pointes out the problems of the bankruptcy administrator oversight mechanisms exist; Finally it put forward a legislative proposal to improve the insolvency administrator oversight mechanisms.