On The Regulation Of The Insolvency Administrator

The enterprise bankruptcy law of the People's Republic of China brought in trustee in bankruptcy system from the developed countries instead of the liquidation group. The themes of this article is discussing the controlling system of trustee in bankruptcy, which includes former,intermediate and afterwards control.The former control includes the administrator qualifications and the selection of the manager, supervision and responsibility, etc. Firstly, the administrator includes professional knowledge intermediary organizations or individuals. At the same time, they should meet the positive conditions and legal settings negative condition. Secondly, the court has the right to select trustee in bankruptcy. The creditor shall have the right to protest. This part clarify two ideas: firstly, the liquidating committee still belongs to the manager of the administrator has an independent position , therefore, the liquidating committee still need to meet the stipulated conditions by enterprise bankruptcy law. Secondly, the article means to construct the court selection mode, which is supplemented by the creditors' meeting as a supply.The intermediate control means that court's power and the trustee's right in bankruptcy supervise. The 23rd regulation of the enterprise bankruptcy law regulates a supervision mode, which conduct by the court of the creditors' meeting and creditors' committee. Court supervision model is limited by professionalism, judicial resources limitation. Indirect supervision and creditors legislation pattern of full consideration to the obliges, give effective managers with a variety of approaches to creditors administrator rights act of regulation, but it is still has obvious deficiency. Therefore, this paper suggests constructing multi-level supervision mode. Under the lead principle of multiple and imitating supervision, to improve the court supervision, introduce special administrative supervision, construct the self-discipline mechanism, and strengthen supervision stakeholders'participation. The control afterwards mainly includes the trustee in bankruptcy's legal responsibility. For the regulation of bankruptcy, provisions of civil and criminal responsibility are contained. However , the regulation principle and law lack of certainty, what's more, the current pattern lacks of multiplatinum. To improve the bankruptcy legal responsibility system, firstly this paper discusses two bases for the construction of supervisor responsibilities. The first is the manager of the statutory obligations; the second is the manager of the independent legal status. On this basis, the first standard civil liability, as the main form of liability administrator must clarify its nature, constitutions, bear form and limitation of liability. At the same time, to connect with the law of bankrupt, the current criminal law should add regulations specializing in the manager's crime, which includes criminal, statutory regulations and a definite penalties. In addition, the author suggests building system of other responsibilities as a supplement , mainly introducing the administrative responsibility , self-discipline organization, and perfect court's compulsory measures.