On The The Selection And Supervision Of The Insolvency Administrator

Bankruptcy administrator is set up by Bankruptcy Law. The provisions of the supreme people's court constitute the custodians of the bankruptcy system in China. The people's court must prepare managers list before designating bankruptcy administrator. In designating management person, there are many ways to choose from. Current manager system, the people's court is in the key position, the administrator of the establishment, the administrator list, remuneration, etc are people's court's duty. Mainly to the bankrupt supervision of management by a people's court conducts, the administrator in performing their duties must report for work according to the law.While the creditors'meeting, the debtor's staff and workers are all the subject of bankruptcy supervision. According to Bankruptcy Law and the relevant provisions, Chongqing established an administrator designation way on evaluation system. But the pace of its reform is big enough. In current manager selection supervision system, the court intervention is overmuch, creditors'rights is limited, Bankruptcy administrator designation time lack rationality operationality; The liquidation group's status is embarrassing. Supervision and insufficient, the people's court of the administrator supervision formalized; Legal responsibility, not completely problems such as lack of feasibility. The problem, reduce people's court unnecessary intervention, given greater autonomy; creditors Introducing temporary manager role as the bankruptcy accepted to bankruptcy temporary management between subject; Abolishing the liquidation group regulation, Introducing supervisors system, make it become devoted to bankrupt the supervision of main body; Expanded surveillance subject and supervision ways; Meanwhile, the legal responsibility of each subject in bankruptcy cases must be clear and the strengthened.