The Elective System Of China's Insolvency Administrator

On June 1,2007, "The People's Republic of China Enterprise Bankruptcy Law" was executed, and this is the first time our country uses bankrupt administrator system. The bankruptcy administrator plays a very important role in the whole bankruptcy procedure. The bankruptcy administrator selection system also has a strong influence on the smooth operation of the bankruptcy procedure and the protection of all stakeholders' legitimate rights. This paper mainly focuses on some issues about the election system of the bankruptcy administrator, such as the qualifications for this position, the subject of the selection and the relief for the selection.Part I:The first chapter introduces the basic theory of the selection system of the bankruptcy administrator. Firstly, this chapter introduces the definition, the history, the function and the legal status of the bankruptcy administrator. Secondly, There are a variety of conflicts of interests in the selection system of the bankruptcy administrator, so the way to solve is to keep the balance of interests.Part II:The second chapter mainly discusses the history and the current situation on the selection system of the bankruptcy administrator in China. The implement of liquidation group reflects administrative intervention. The selection system of the members the liquidation group also has drawbacks. Now the bankruptcy administrator system is established, which has advantages and disadvantages.PartⅢ:The third chapter is some thinking and explore on the selection of bankruptcy administrator. The system should inflect the principle of the interests'balance. In order to reach the goal, we should define the conciliations of the bankruptcy administrator, let the meeting of creditors to play a positive role in the selection, and provide effective relief.PartⅣ:The forh chapter analyzes and summarizes the legislation of the selection system of the bankruptcy administrator in many countries, and we hope to study the useful experience and technology to improve our legislation.Last Part:The last part sums up the whole paper and prospects for the future of bankruptcy law in our country.