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Improve The Administrator Of The System In The Bankruptcy Law Of China

Posted on:2011-04-15Degree:MasterType:Thesis
Country:ChinaCandidate:G LiFull Text:PDF
GTID:2206330335982598Subject:Law
Abstract/Summary:PDF Full Text Request
The People's Republic of China on enterprise bankruptcy on June 1,2007 initiated,bankruptcy system is the enterprise"bankruptcy law "absorb advanced foreign legislation style,combined with the situation of our country,the creation of new system.Bankruptcy system is the core of the enterprise bankruntcy law, is related to the enterprise bankruptcy law the correct implementation of.Bankruptcy law gives managers a new career as a need to appoint according to law,perform their duties according to law,at work need to maintain neutrality and independence.Management of the insolvency estate administrator to deal with bankruptcy matters,do not represent the interests of the bankrupt,bankruptcy is not entirely representative of the interests of creditors,but in his own name,based on legal powers,an independent duty.Insolvency regime as a new system,in the implementation process requires constant innovation,continuous improvement.In this paper,the insolvency administrator qualifications,selection of the insolvency administrator,the dismissal of the insolvency administrator,nsolvency administrator,nsolvency administrator of the obligations,the liability of the insolvency administrator and insolvency aspects such as monitoring mechanisms,with"Bankruptcy Law"more than a year over practice,starting from the practical to explore the "Bankruptcy Law"problems in the implementation process,and expolre business bankruptcy administrator system perfect way.This use of comparative methods of writing,from the legislation of the foreign insolvency administrator,combined with China's national conditions,China's insolvency administrator of the compilation method of improving the roster,the prescribed manner of the insolvency administrator of the improvement and supervision of the insolvency administrator mechanism for the establishment and improvement of the road.Focuses on the People's Procuratorate,the importance of oversight mechanisms involved in bankruptcy and the need for monitoring the implementation of self-association.As the "Bankruptcy Law"in the bankruptcy administrator system design,there are some flaws in the judicial practice in the bankruptcy of the future will inevitably be exposed.To this end,I focus on the roster from the compilation method of the insolvency administrator,insolvency administrator in the manner specified,the bankruptcy administrator to start monitoring mechanism and other issues,from the practical starting to explore ways to further improve and perfect the method of compliling the roster of insolvency,the insolvency administrator specifications for the supervision of the insolvency administrator and the mechanisms to help the work of the judicial practice,in order to provide recommendations for future legislative changes,the insolvency system more fair and effcient operation of the insolvency proceeding to pomote.
Keywords/Search Tags:Bankruptcy Law, insolvency administrator, perfect
PDF Full Text Request
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