A Comparative Study Of The Bankruptcy Administrator System

This thesis is a study on the rights and obligations, authority, status, function and other relevant problems of the bankruptcy administrator. Its main focuses are to compare and analyze the legislation and practice of the bankruptcy administrator in the civil law system and the Anglo-American law system; and to emphasize some theoretical emphases, ideas which are long debated among scholars and theories that are rarely talked under the System. Based on these analyses and comparing, together with the deficiency in the system of China bankruptcy administrator, this thesis gives some legislative advice on perfecting the System.It is also realistic with the foreign preference in the matter of legislation under its system and values. Neither blindly coping nor entirely denying, this thesis has its own words combining with the objective needs of building the socialistic market economy.This thesis is scheduled as follows:Preface---Brief introduction on theoretical and realistic significance, including some main malpractice of the System in China, the thesis?aims and methods.Part one---The general demonstration of the System. Including the concept and the significance of the bankruptcy administrator, brief summary of its origin and development, its empanelling modes and time, its competence, its supervision etc.Part two---The legal status of the bankruptcy administrator. This part is correspondingly important in this thesis. Mainly is the procedural and substantive legal status of the bankruptcy administrator.Part three--The authorities of the bankruptcy administrator. The bankruptcy administrator authorities from three big aspects and giving some legislative advice.Part four--The rights and obligations of the bankruptcy administrator. As for its right and obligation, recompense and the duty of care are placed great emphasis. Besides, the right to claim damages . the obligation of accepting supervision and providing security are also discussed.Part five--Legislative advice on perfecting the System in China. The bankruptcy administrator orientation in China bankruptcy procedure considering China reality, summing-up of the legislative advice of Chinese system of the bankruptcy administrator.The characteristics of this thesis are:(l ) EXPatiating and demonstfating the system of thc bwttcyadmnistrator.(2 ) Orienting the btwtcy adriniStrator in the trustee's statUs using thereference to the mist law of the Anglo-Amrican law system.' (3 ) Discussing the substanive legal status of the btwtcy adrinistratorthat is rarely talked by others.