A Study On The Selection System Of Bankruptcy Managers In China

Enterprise bankruptcy is the result of market economy competition, which is an important means of perfecting and making best use of the resources in the market, meanwhile, it’s an efficient boost to improve the market competition. The insolvency administrator plays an important role during the bankruptcy proceedings including the acceptance, management, disposal and distribution of the estate. Whether or not the bankruptcy proceedings could move forward smoothly is closely related with the insolvency administrator. Until 2007, the enterprise bankruptcy law(on trial) was revised,with the introduction of an insolvency administration system. Therefore, this system is still a novelty in China. The relevant legal system is imperfect, bringing some difficulties to the judicial practice. Based on the practical point of view of insolvency administrators, combing the legislation and legal practice together, this paper analyse the problems of the system under current circumstances.and put forward legislation proposals.This paper has four chapters except the preface.Chapter 2, an overview of the insolvency administrator. This chapter begins with a brief introduction of the legal meaning and origins of the insolvency administrator system. And then it describes in detail several foreign theories of the legal status of insolvency administrator, analyses the advantages and disadvantages of each theory respectively, explained the legal status of insolvency administrator in Chinese law. Finally, it analyses the necessity of the insolvency administrator system in our country.Chapter 3, the selection mechanism of the insolvency administrator. This chapter is divided into two parts. The first part is about the qualification for the insolvency administrator. Comparing Chinese legislation with foreign legislation, the author analyses the legislation on the positive and negative qualification of insolvency administrator. The second part is the selection of the insolvency administrator. The author mainly assesses the three selection methods provided in our legislation and put forward his own view which he thinks is the most appropriate way.Chapter 4, problems of the insolvency administrator system. This chapter is divided into four parts. Each part analyses one problem encountered by the author when he was involved in the job, including the use of the seal of the bankrupt enterprise, the calculation of the interest of the debt, the confirmation of the debts by the insolvency administrator and the issues related to the staff of the bankrupt enterprise. Legal proposals on these issues. In this chapter, the authors put forward his own views and legal proposals on the problems discussed in chapter four.